ICLE Comments, Competition in Markets Involving Consumer Data

In its sixth set of comments for the FTC’s Hearings on Competition and Consumer Protection in the 21st Century, ICLE scholars addressed the questions for comment raised by Hearing #6, “The Intersection of Big Data, Privacy, and Competition,” exposing several crucial misconceptions about the competitive dynamics of data-intensive markets.

For LabMD, the Devil is in the Not-So-Well Specified Details

The Eleventh Circuit’s LabMD opinion came out last week and has been something of a rorschach test for those of us who study consumer protection law. Neil Chilson found the result to be a disturbing sign of slippage in Congress’s command that the FTC refrain from basing enforcement on “public policy.” Berin Szóka, on the other hand, saw the ruling as a long-awaited rebuke against the FTC’s expansive notion of its “unfairness” authority.
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