The Federal Trade Commission Hearings on Competition and Consumer Protection in the 21st Century, Privacy, Big Data, and Competition, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University

This comment is submitted in response to the United States Federal Trade Commission (“FTC”) hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in the 21st Century. We submit this comment based upon our extensive experience and expertise in antitrust law and economics. As an organization committed to promoting sound economic analysis as the foundation of antitrust enforcement and competition policy, the Global Antitrust Institute commends the FTC for holding these hearings and for inviting discussion concerning a range of important topics. Businesses today have greater access to data than ever before. Firms now have access to data at high volume, high velocity, and high variety—a phenomenon known as “big data.” The increasing prevalence of big data creates new questions for antitrust enforcers. This comment will discuss how big data should be considered in the context of antitrust analyses.