Market Behavior and Data-Driven Market Power

Moderator & Speaker:
Daniel J. Mogin | Managing Partner, MoginRubin LLP

Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP
Thomas N. Dahdouh | Director, Western Region, Federal Trade Commission
Franklin M. Rubinstein | Partner, Wilson Sonsini Goodrich & Rosati
Randi W. Singer, CIPP/US, CIPT | Partner, Weil, Gotshal & Manges

Dina Srinivasan | Independent Researcher & Author of The Antitrust Case Against Facebook
Dina was unable to present but we thank her for her content contributions.

Highly publicized cases and investigations in the U.S. and Europe of big technology, e-commerce, and social media companies demonstrate how antitrust laws are being used to scrutinize and challenge not only how these corporations conduct themselves in the marketplace, but the very core of their colossal success: the mass collection and utilization of user data.

Are the privacy and antitrust worlds beginning to cross over?

Or do they simply run parallel while addressing entirely different types of conduct? Whatever the answer, data is the raw material that drives the likes of Google, Facebook, Apple and Amazon, so how it is handled is a critical question when counseling clients on mergers and acquisitions.

Meanwhile, there is increasing pressure on antitrust enforcers to consider privacy issues when conducting merger reviews.

Antitrust laws allow and require consideration of data collection, handling, and use if there is a risk to fair competition. But are the agencies equipped to analyze the effect of post-merger datasets? Should they examine the privacy ramifications of proposed deals?
Viewpoints on the overlap between the regimes are wide-ranging and nuanced. In a June speech, DOJ Antitrust Division chief Makan Delrahim said that “by protecting competition we can have an impact on privacy and data protection.” During a 2018 interview, though, FTC commissioner Noah Phillips argued that “privacy law and antitrust law each addresses different harms and vindicates different rights.”

What does all of this mean to the practitioner or in-house counsel?

Take this 100-minute webinar now to gain insights from leading experts on these issues, with a balance of perspectives from both the plaintiff and defense bars, academia, and regulatory enforcement.

Get answers to questions like these:

  • Who should regulate privacy violations in the U.S.?
  • Which antitrust issues implicate privacy concerns?
  • What role does machine learning play on the competitive landscape?
  • What is big data really? How is it different from “data”?
  • What are the elements of effective merger reviews?
  • What are the appropriate remedies?
  • What are “notice-and-choice” versus “harms-based” approaches?
  • And more!

What you will get:

  • At least 1 hour of CLE credit.
  • Answers to your questions via email.
  • The opportunity to share with others on your team.
  • The complete Powerpoint.
  • The Antitrust Case Against Facebook
  • Dina Srinivasan’s statement to the House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law
  • The Chicago Booth School Stigler Center Committee on Digital Platforms Final Report

For additional information re:
CLE credits
Webinar materials
Questions for the speakers

Please contact Shannon Bouché at

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