Nov 08 Thu

Federal Trade Commission Hearings on Competition and Consumer Protection in the 21st Century - Day 3

09:00AM - 12:00PM Tenley Campus - Warren NT01 Ceremonial Classroom
The Federal Trade Commission is holding its sixth session of its Hearings initiative, with two and a half days of sessions on November 6–8, 2018 at American University Washington College of Law. Watch live webcast now in progress.

The hearings at American University will examine the role that data plays in competition and innovation, and also will consider the antitrust analysis of mergers and firm conduct where data is a key asset or product.

The Commission invites public comment on these issues, including the questions listed below. Comments can be submitted online. Comments are due January 7, 2019. If any entity has provided funding for research, analysis, or commentary that is included in a submitted public comment, such funding and its source should be identified on the first page of any submitted comment.

  1. What is “big data”? Is there an important technical or policy distinction to be drawn between data and big data?
  2. How have developments involving data – including data resources, analytic tools, technology, and business models – changed the understanding and use of personal or commercial information or sensitive data?
  3. Does the importance of data – or large, complex data sets comprising personal or commercial information – in a firm’s ordinary course operations change how the FTC should analyze mergers or firm conduct? If so, how? Does data differ in importance from other assets in assessing firm or industry conduct?
  4. What structural, behavioral, or conduct remedies should the FTC consider when remedying antitrust harm in a market or industry where data or personal or commercial information are a significant product or a key competitive input?
  5. Are there policy recommendations that would facilitate competition in markets involving data or personal or commercial information that the FTC should consider?
  6. Does the presence of personal information or privacy concerns inform or change competition analysis?
  7. Do state, federal, and international privacy laws and regulations affect competition, innovation, and product offerings in the United States and abroad? If so, how?
The FTC Hearings on Competition and Consumer Protection in the 21st Century will accommodate as many attendees as possible; however, admittance will be limited to seating availability. Reasonable accommodations for people with disabilities are available upon request. Request for accommodations should be submitted to Elizabeth Kraszewski via email at or by phone at (202) 326-3087. Such requests should include a detailed description of the accommodation needed. Please allow at least five days advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate.


FTC & Washington College of Law


Washington College of Law
Tenley Campus - Warren NT01 Ceremonial Classroom
4300 Nebraska Avenue, NW
Washington DC