Antitrust and Data Protection Law: The Consumer Welfare Dilemma Under the Lens of Competition Law Enforcers - Softcover

Meriani, Marianna

 
9786137323373: Antitrust and Data Protection Law: The Consumer Welfare Dilemma Under the Lens of Competition Law Enforcers

Inhaltsangabe

Digital platforms have emerged as new actors of the economy. They have peculiar features that make their assessment controversial under competition, consumer and data protection law by casting doubts on the suitability of the traditional legal framework. More precisely, the complexities of identifying the foreseeable harm to competition as a result of a merger or the exclusionary and exploitative effects of a certain data-driven conduct have made the scrutiny of personal data violations under antitrust law contentious. The analysis of data-driven conducts under competition law has raised concerns particularly in mergers and in cases of abuse of dominance and monopolization. In this framework, the paper will propose a critical analysis of the current legal debate on data and online platforms with the aim of re-considering the basic economic principles underlying antitrust law both in the United States and in the European Union. The analysis will focus on the intrinsic policies underlying the notion of consumer welfare under competition law as distinct from the protection of individuals envisaged by consumer and data protection law.

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Über die Autorin bzw. den Autor

Marianna Meriani is a managing associate of Orrick, Herrington & Sutcliffe LLP and a member of the Antitrust & Competition Group. Before joining Orrick,she worked as an associate in the Antitrust and Administrative law department of Cleary Gottlieb Steen & Hamilton LLP. She is currently attending a Phd in Business Law at Bocconi University, Milan.

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