The Role of Antitrust Law When Mergers Threaten Consumer Privacy

Where does antitrust law fit in when consumer privacy is at stake? Antitrust law promotes competition—not privacy. The courts’ interpretation of antitrust laws limits their ability to protect privacy. The slow nature of law enforcement means that protecting privacy through antitrust enforcement alone would likely still leave consumers vulnerable. Antitrust enforcement agencies sometimes also bear substantial risks in bringing a lawsuit. Regulating the use of data needs to involve more than just antitrust law—because only by having clear privacy rules is it possible to fully protect consumers’ privacy.