Law Commons^™

Addressing Personal Data Collection As Unfair Methods Of Competition, Maurice E. Stucke

Scholarly Works

Enforcers, policymakers, scholars, and the public are concerned about Google, Apple, Facebook, Amazon, and recently Microsoft and their influence. That influence comes in part from personal data. These companies are “data-opolies,” in that they are powerful firms that control our data. The data comes from their vital ecosystems of interlocking online platforms and services, which attract users; sellers; advertisers; website publishers; and software, app, and accessory developers.

The public sentiment is that a few companies, in possessing so much data, possess too much power. Something is amiss. Cutting across political lines, many Americans think Big Tech’s economic power is a …

The Relationship Between Privacy And Antitrust, Maurice Stucke

Scholarly Works

This Essay recaps the policymakers’, enforcers’, and scholars’ thinking on the relationship between antitrust and privacy. Currently, the thinking is that improving privacy protection is a necessary, but not sufficient, step to address some of the risks posed by these data-opolies and deter data hoarding, a key source of their power.

The policies proposed in Europe, Asia, Australia, and North America as of early 2022 all assume that with more competition, privacy and well-being will be restored. In looking at the reforms proposed to date, policymakers and scholars have not fully addressed several fundamental issues.

One issue is whether more …

The Effective Competition Standard: A New Standard For Antitrust, Maurice Stucke

Scholarly Works

No abstract provided.

Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke

Scholarly Works

No abstract provided.

Specialty Drugs And The Health Care Cost Crisis, Isaac ("Zack") D. Buck

Scholarly Works

Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as specialty drugs by pharmacy benefit managers (PBMs), entities that are part of the insurance industry, rather than by the Food and Drug Administration or medical authorities.

Specialty drugs have thus far received little attention in the legal literature. Yet, they raise important legal and regulatory questions. For example, there are no federal government rules (and only a handful …

Pricing Algorithms & Collusion, Maurice Stucke

Scholarly Works

No abstract provided.

Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

No abstract provided.

Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke

Scholarly Works

No abstract provided.

2016-2017 Oxford Business Law Blog Round-Up: Most Read Opinion Pieces, Maurice Stucke

Scholarly Works

On 14 March 2017, the Oxford Business Law Blog (OBLB) marked its first anniversary. One year ago, we set out to create a leading and truly international forum for the exchange of ideas and reporting of new developments in business law. Since then, we have published over 530 posts from academics and practitioners from across the world and have reached readers from over 150 countries.

The OBLB is now a firmly entrenched part of the Oxford Law Faculty’s Business Law Hub. The purpose of this collection is to celebrate submissions created especially for publication on the OBLB. As such, this …

Big Data And Competition Policy, Maurice Stucke, Allen Grunes

College of Law Faculty Scholarship

From the Publisher: Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google …

Big Data And Competition Policy, Maurice Stucke, Allen Grunes

Scholarly Works

From the Publisher: Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google …

Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

Who wouldn’t want a personal butler? Technological developments have moved us closer to that dream. The rise of digital personal assistants has already changed the way we shop, interact and surf the web. Technological developments and artificial intelligence are likely to further accelerate this trend. Indeed, all of the leading online platforms are currently investing in this technology. Apple’s Siri, Amazon’s Alexa, Facebook’s M, and Google Assistant can quickly provide us with information, if we so desire, and anticipate and fulfill certain needs and requests. Yet, could they also reduce our welfare? Could they limit competition and transfer our wealth …

Is Your Digital Assistant Devious?, Maurice Stucke

Scholarly Works

Who wouldn’t want a personal butler? Technological developments have moved us closer to that dream. The rise of digital personal assistants has already changed the way we shop, interact and surf the web. Technological developments and artificial intelligence are likely to further accelerate this trend. Indeed, all of the leading online platforms are currently investing in this technology. Apple’s Siri, Amazon’s Alexa, Facebook’s M, and Google Assistant can quickly provide us with information, if we so desire, and anticipate and fulfill certain needs and requests. Yet, could they also reduce our welfare? Could they limit competition and transfer our wealth …

When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

The European Commission’s Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google’s position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been attributed to the dimension of quality – whether and how a search engine, faced with rivals, could degrade quality on the free side.We set out to address this fundamental issue: With the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality?We begin our analysis with a review …

Introduction: Big Data And Competition Policy, Maurice Stucke

Scholarly Works

Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google investigation. The implications …

When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice Stucke, Ariel Ezrachi

Scholarly Works

The European Commission’s Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google’s position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been attributed to the dimension of quality – whether and how a search engine, faced with rivals, could degrade quality on the free side.

We set out to address this fundamental issue: With the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality?

We begin our analysis with …

Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.Our submission addresses the following issues: • What role does data play in the business model of online platforms? • Can data-driven online platforms have excessive market power? • If so, how can they abuse this power? • If so, how does this happen and what effect …

Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi

Scholarly Works

Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.

Our submission addresses the following issues: • What role does data play in the business model of online platforms? • Can data-driven online platforms have excessive market power? • If so, how can they abuse this power? • If so, how does this happen and what …

Debunking The Myths Over Big Data And Antitrust, Maurice Stucke, Allen Grunes

College of Law Faculty Scholarship

What are the implications of Big Data on competition policy? Some argue little, if any, and offer several reasons why Big Data is a passing fad. We disagree.As we discuss, competition law can play an important role in maximizing the benefits of a data-driven economy, while mitigating its risks. Our aim here is to first address the competitive significance of Big Data and, second, take on ten myths downplaying Big Data’s antitrust significance.

Debunking The Myths Over Big Data And Antitrust, Maurice Stucke, Allen Grunes

Scholarly Works

What are the implications of Big Data on competition policy? Some argue little, if any, and offer several reasons why Big Data is a passing fad. We disagree.

As we discuss, competition law can play an important role in maximizing the benefits of a data-driven economy, while mitigating its risks. Our aim here is to first address the competitive significance of Big Data and, second, take on ten myths downplaying Big Data’s antitrust significance.

No Mistake About It: The Important Role Of Antitrust In The Era Of Big Data, Maurice Stucke, Allen Grunes

College of Law Faculty Scholarship

Competition authorities in Europe (and to a lesser extent in other jurisdictions) are beginning to make data, its uses, and its implications for competition law, a key focus. Some, however, argue that competition law has a limited role to play in the era of big data. We respectfully disagree. Competition law will play an integral role to ensure that we capture the benefits of a data-driven economy while mitigating its associated risks.After outlining several implications of big data on competition policy, we address some of the myths about big data and competition law. These myths paint with a broad brush …

No Mistake About It: The Important Role Of Antitrust In The Era Of Big Data, Maurice Stucke, Allen Grunes

Scholarly Works

Competition authorities in Europe (and to a lesser extent in other jurisdictions) are beginning to make data, its uses, and its implications for competition law, a key focus. Some, however, argue that competition law has a limited role to play in the era of big data. We respectfully disagree. Competition law will play an integral role to ensure that we capture the benefits of a data-driven economy while mitigating its associated risks.

After outlining several implications of big data on competition policy, we address some of the myths about big data and competition law. These myths paint with a broad …

The Curious Case Of Competition And Quality, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

Alongside the consideration of price, competition authorities recognize that quality can be as, if not more, important in some markets. But as competition authorities also recognize, identifying the dimensions of competition important to many consumers is difficult. Even when these dimensions of quality are identified, measuring them represents additional challenges.To circumvent these challenges, competition authorities rely on several heuristics when assessing a merger’s, cartel’s or monopolistic restraint’s impact on quality. Often the heuristics work well for the competition authorities.Our paper, however, identifies several scenarios where these heuristics break down, when competition and quality are not positively correlated, and when an …

The Curious Case Of Competition And Quality, Maurice Stucke, Ariel Ezrachi

Scholarly Works

Alongside the consideration of price, competition authorities recognize that quality can be as, if not more, important in some markets. But as competition authorities also recognize, identifying the dimensions of competition important to many consumers is difficult. Even when these dimensions of quality are identified, measuring them represents additional challenges.

To circumvent these challenges, competition authorities rely on several heuristics when assessing a merger’s, cartel’s or monopolistic restraint’s impact on quality. Often the heuristics work well for the competition authorities.

Our paper, however, identifies several scenarios where these heuristics break down, when competition and quality are not positively correlated, and …

In Search Of Effective Ethics & Compliance Programs, Maurice Stucke

Scholarly Works

The U.S. Sentencing Commission's Organizational Guidelines for over twenty years have offered firms a significant financial incentive to develop an ethical organizational culture. Nonetheless, corporate crime persists. Too many ethics programs remain ineffective.

As this Article explores, the Guidelines' current approach is not working. The evidence, including sentencing data over the past twenty years, reveals that few firms have effective ethics and compliance programs. Nor is there much hope that the Guidelines' incentive will induce companies, after the economic crisis, to become more ethical.

The problem is not attributable to three assumptions underlying the Guidelines. The empirical research, while still …

Crossing The Rubicon: Why The Comcast/Time Warner Cable Merger Should Be Blocked, Maurice Stucke, Allen Grunes

College of Law Faculty Scholarship

Comcast and Time Warner Cable say their proposed $45 billion merger would not raise prices -- and instead lead to real benefits -- for cable and broadband customers across the country.But, as we discuss, the deal raises serious concerns of a creeping monopolist and the ability of a powerful media buyer to harm rivals.

Crossing The Rubicon: Why The Comcast/Time Warner Cable Merger Should Be Blocked, Maurice Stucke, Allen Grunes

Scholarly Works

Comcast and Time Warner Cable say their proposed $45 billion merger would not raise prices -- and instead lead to real benefits -- for cable and broadband customers across the country.

But, as we discuss, the deal raises serious concerns of a creeping monopolist and the ability of a powerful media buyer to harm rivals.

The Beneficent Monopolist, Maurice Stucke, Allen Grunes

College of Law Faculty Scholarship

In examining Comcast's proposed acquisition of Time Warner Cable (TWC), we assess three of the arguments Comcast likely will make to the Department of Justice and FCC. Comcast will likely argue that its acquisition of TWC is unlikely to lessen competition because: (a) the broadband market is becoming more competitive: Google has introduced Google Fiber in a number of markets, and mobile broadband offered by wireless providers like AT&T and Sprint is competitive with fixed broadband; (b) Netflix and traditional media companies have sufficient clout to negotiate with Comcast and the government should not intervene on their behalf; and (c) …

The Beneficent Monopolist, Maurice Stucke, Allen Grunes

Scholarly Works

In examining Comcast's proposed acquisition of Time Warner Cable (TWC), we assess three of the arguments Comcast likely will make to the Department of Justice and FCC. Comcast will likely argue that its acquisition of TWC is unlikely to lessen competition because: (a) the broadband market is becoming more competitive: Google has introduced Google Fiber in a number of markets, and mobile broadband offered by wireless providers like AT&T and Sprint is competitive with fixed broadband; (b) Netflix and traditional media companies have sufficient clout to negotiate with Comcast and the government should not intervene on their behalf; and (c) …

Should Competition Policy Promote Happiness?, Maurice Stucke

Scholarly Works

What, if anything, are the implications of the happiness economics literature on competition policy? This Paper first examines whether competition policy should promote (or at least not impede) citizens’ opportunities to increase well-being. The Paper next surveys the happiness literature on five key issues: (i) What constitutes well-being; (ii) How do you measure well-being; (iii) What increases well-being; (iv) Do people want to be happy; and (v) Can and should the government promote total well-being? Although the happiness literature does not provide an analytical framework for analyzing routine antitrust issues, this does not mean that competition officials should discount or …