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April 27, 2020

ABA Antitrust Law Section releases report on issues related to digital economy and competition

WASHINGTON, April 27, 2020 — The American Bar Association Antitrust Law Section has released a white paper titled, “Report of the International Developments and Comments Task Force: Common Issues Relating to the Digital Economy And Competition.” The document is a report of the International Developments and Comments Task Force on positions expressed by the Antitrust Law Section between 2017 and 2019.

The goal of the report is to assist the work of the Antitrust Law Section in providing commentary to foreign antitrust agencies as they seek input on proposals for change and adjustment in their own competition-rule enforcement systems as the digital transformation envelops their jurisdictions.

The report is organized in six major sections corresponding to the major categories of issues that have arisen most often in consultations dealing with competition and the digital economy:

  • Market Definition and Market Power
  • Big Data
  • Merger Issues
  • Exclusionary Conduct
  • Algorithms and Artificial Intelligence
  • Privacy and Data Security Law

Each category describes the issue, identifies prior Antitrust Law Section documents expressing views on the issue, and summarizes how the section generally views the main questions associated with the issue.

These views are presented only on behalf of the section. They have not been approved by the ABA House of Delegates or Board of Governors and should not be construed as representing the policy of the American Bar Association.

The report, dated Feb. 27, 2020, is available for review online.

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