Integrating Data Privacy-Based Theories of Harm in Antitrust Analysis of Digital Mergers: Lessons from the EU and US Experiences

This presentation will look at our speaker’s paper which aims to contribute to the ongoing discourse by advocating for the integration of data privacy considerations into antitrust analyses of digital mergers and proposing a comprehensive analytical framework. This framework aims to delineate specific privacy-based theories of harm and their operational parameters, bridging gaps in current literation and informing policy reforms. By addressing normative justifications, policy benefits, and operational challenges, the paper underscores the importance and feasibility of incorporating data privacy harms into antitrust analyses. It concludes by exploring wider policy implications, including the need for enhanced inter-agency cooperation to bolster merger enforcement in the digital era. The reading/paper will be circulated in advance.