June 12, 2024 – Kellogg Hansen partner John Thorne and associate Derek Reinbold recently authored the U.S. chapter for Global Competition Review’s inaugural Data & Antitrust Guide.

The chapter details how U.S. antitrust enforcers and courts view uses and abuses of data. It begins by discussing data’s role in monopolization cases such as the high-profile actions against Google, Facebook, and Amazon. It next addresses how enforcers treat mergers in which the merging parties maintain competitively valuable – or competitively sensitive – data. It then turns to issues of collusion, particularly how enforcers view new technologies such as artificial intelligence in cases involving information exchanges or alleged price-fixing. The chapter concludes with a discussion of how data privacy has emerged as a new metric of market power, an element of competitive harm, and potential procompetitive justification for otherwise anticompetitive conduct.

John Thorne represents technology companies, media firms, newspaper publishers, financial services providers, app developers, and consumer products companies in antitrust, intellectual property, and other commercial litigation.

Derek Reinbold represents plaintiffs and defendants in civil litigation at the trial and appellate levels.  He litigates cases involving complex issues of personal jurisdiction, preemption, class certification, and other matters.