Platforms collect valuable data that they do not share. Welfare then suffers as information asymmetry produces market failures. Current proposals to address this, however, fail because they grant access to an entity’s own data but not the context within which it functions. We propose a novel solution, the in-situ data right, that gives users privacy control yet allows third parties to create value with user permission.

ANTITRUST

DIGITAL LAW

COMPLEXITY SCIENCE

LATEST PUBLICATIONS

Ecosystems in Competition Law: A U.S. Perspective

Christopher S. Yoo argues that ecosystem-based theories have had limited impact on U.S. antitrust law due to conceptual vagueness and...

A New Paradigm for Antitrust in the Digital Sector

This article examines why traditional antitrust approaches fail to address digital market power effectively. Analyzing U.S. enforcement data from 1995-2023,...

Dynamic Capabilities and EC Merger Control: A Difficult Match?

This paper examines the proposed use of “dynamic capabilities” analysis in European merger control as authorities increasingly focus on innovation...

Merger Enforcement in the High-Tech Economy: The Role for a Dynamic Capabilities Framework

This article examines whether merger enforcement in high-technology industries has systematically failed to account for innovation effects and assesses the...

Lessons From Empirical Work on Market Dynamics

Ariel Pakes surveys advances in dynamic market analysis since the mid-1990s, highlighting how empirical tools have evolved beyond static frameworks....

Reading suggestions – May 2025

Here are Thibault Schrepel’s monthly reading suggestions. Topics include: the populist challenge to consumer welfare standards in antitrust, AI startup...

Did Enforcers Make the Right Call When Clearing Google/Doubleclick?

Google's activities in the Ad Tech Industry have come under intense fire as the company stands accused, in several jurisdictions,...

The Growing Complexity of Digital Economies over the GenAI Waterfall: Challenges and Policy Implications

The GenAI genie is out of the bottle. AI, and its vanguard GenAI, is a change agent that profoundly impacts...

Dynamic Capabilities Analysis and Merger Control: Is A Long-Delayed Convergence Finally on The Way?

Merger control has been traditionally focused on the impact of the structural changes induced by the mergers examinedon the incentives...

EU Competition Law

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