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Antitrust & Trade Reg.

Feb. 20, 2020

Antitrust and big data

Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust law (as opposed to, say, consumer protection law) applies has been far from trivial.

Howard M. Ullman

Dechert LLP

Here's a popular question over drinks after antitrust conferences these days: Does antitrust law apply to so-called "big data," and if so, how? (And yes, antitrust lawyers do enjoy the occasional beer or glass of wine.) Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust law (as opposed to, say, consumer protection law) applies has been far from trivial. We will explore some of the basic issues ...

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