The contentious 2022 midterm elections are not quite finished—next week’s runoff in the race for the Georgia Senate seat pits Democratic incumbent Raphael Warnock against Republican Herschel Walker—but following a grueling campaign season, the American people went out and cast…
Amazon Antitrust Claims Rest On Innovative Data Theory
Today the European Commission informed Amazon that the company had broken EU antitrust rules by misusing data collected from other online retailers for its own benefit. In the Commission’s statement, leaders say they take issue with Amazon “systematically relying on non-public business data of independent sellers who sell on its marketplace, to the benefit of Amazon’s own retail business, which directly competes with third-party sellers.”
Law professor Shubha Ghosh is a law professor and director of the Syracuse Intellectual Property Law Institute (SIPLI). His extensive research focuses on the development and commercialization of intellectual property and technology as a means of promoting economic and social development.
“The EU’s claims against Amazon rest on an innovative theory about data. Misuse of data is not thought of as the concern of competition law, but here the regulator’s theory rests on abuse of dominance in using a valuable resource in contemporary electronic commerce: private consumer data. Whether the U.S. will follow suit depends on how bold a Biden Justice Department might be.”
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