Big Data and Competition Policy

1: Introduction

Part I:. THE GROWING DATA-DRIVEN ECONOMY
2.: Defining Big Data
3.: Smartphones as an Example of how Big Data and Privacy Intersect
4.: The Competitive Significance of Big Data
5.: Why Haven't Market Forces Addressed Consumers' Privacy Concerns?

PART II: THE COMPETITION AUTHORITIES' MIXED RECORD IN RECOGNIZING DATA'S IMPORTANCE AND THE IMPLICATIONS OF A FEW FIRMS' UNPARALLELED SYSTEM OF HARVESTING AND MONETIZING THEIR DATA TROVE
6.: The US's and EU's Mixed Record in Assessing Data-Driven Mergers

PART III: WHY HAVEN'T MANY COMPETITION AUTHORITIES CONSIDERED THE IMPLICATIONS OF BIG DATA?
7.: Agencies Focus on What Is Measurable (Price), Which Isn't Always Important (Free Goods)
8.: Data-Driven Mergers Often Fall Outside Competition Policy's Conventional Categories
9.: Belief that Privacy Concerns Differ from Competition Policy Objectives

PART IV: WHAT ARE THE RISKS IF COMPETITION AUTHORITIES IGNORE OR DOWNPLAY BIG DATA?
10.: Importance of Entry Barriers in Antitrust Analysis
11.: Entry Barriers Can Be Higher in Multi-Sided Markets, Where One Side Exhibits Traditional Network Effects
12.: Scale of Data Trial-and-Error, 'Learning-by-Doing' Network Effects
13.: Two More Network Effects: Scope of Data & Spill-over Effects
14.: Reflections on Data-Driven Network Effects
15.: Risk of Inadequate Merger Enforcement
16.: The Price of Weak Antitrust Enforcement

PART V: ADVANCING A RESEARCH AGENDA FOR THE AGENCIES AND ACADEMICS
17.: Recognizing When Privacy and Competition Law Intersect
18.: Data-opoly: Identifying Data-Driven Exclusionary and Predatory Conduct
19.: Understanding and Assessing Data-Driven Efficiencies Claims
20.: Need for Retrospectives of Data-Driven Mergers
21.: More Coordination among Competition, Privacy and Consumer Protection Officials
22.: Conclusion