![]() ![]() In recent years, the authorities on both sides of the Atlantic have routinely been considering big data in merger reviews, analysing it from two main angles. Similarly, the US Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) can review transactions satisfying certain asset and turnover thresholds, with the power to seek a court injunction (or agree to modifications of transactions) where any competition concerns arise. The EC has the power to require remedies to address any anticompetitive effects, or in the absence of suitable remedies, prohibit transactions. The European Commission (EC) has the ability to review mergers, acquisitions and joint ventures between companies that have revenues in the European Union above certain thresholds. Many of the developments can be seen in the regulators’ enforcement of the merger control laws, but there have also been significant developments in the antitrust arena more broadly. This chapter provides an overview of the current activities of the EU and US regulators in cases at the intersection of competition law and data issues. ![]() ![]() These trends are reflected in the growing regulatory scrutiny of big tech firms, the focus of antitrust regulators on the digital economy and the ever increasing importance of data protection regulation. There are two current trends disrupting this: first, a debate as to whether other elements of consumer welfare should play a greater role, particularly treatment of customers’ data and second, the importance of big data in maintaining competitive markets. Of the many facets that can be considered as consumer welfare, changes in price and output are the easiest to measure and have, therefore, traditionally been the de facto benchmark for assessing anticompetitiveness. Enhancing consumer welfare is at the heart of competition law. ![]()
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