Using the Portability and Other Required Transfers Impact Assessment (“PORT-IA”) in Antitrust Law

Data portability is attracting attention, especially due to recent portability laws in Europe and California, and the hope that it can reduce the market power of digital platforms. This article discusses the potential pro-competitive and other benefits of new data portability requirements, including for lock-in effects, network effects, and barriers to entry. There are significant risks and costs from mandating portability, including privacy and cybersecurity risks if individuals’ personal dat