Content area

Full text

 
Headnote

This Article argues for reorienting many antitrust investigations-and more generally regulatory approaches-to focus on how control of personal data by corporations can entrench monopoly power in an economy shaped increasingly by the power of "big data." What is largely missed in analyses defending Google from antitrust action is how Google 's ever expanding control of user personal data and its critical value to online advertisers creates an insurmountable barrier to entry for new competition. Moreover, Google did not just inherit that business advantage through its innovation in search engine technology. Rather, Google has aggressively expanded its control of user data both by moving into new product sectors to collect additional user data and by invading users' privacy.

Introduction: The Undermining of Competition in Online Markets 402

A. How Google Uses Control of User Information to Strengthen its Monopoly ....... 405

B. The Antitrust Case Against Google ....... 407

C. Remedies and the Argument for Aggressive and Earlier Regulatory Intervention ...........411

I. How Google Dominates the Search Advertising Market ........412

A. How the Search Advertising Market Works......... 413

B. Measuring Google's Dominance .......414

C. Why Search Advertising is the Relevant Market for Antitrust Analysis .........416

D. Google 's Premium Price for its Search Advertising ..........417

E. Lower CPC Rates for Competitors and High Fixed Costs Create Substantial Barriers to Entry .........418

F. Google 's Control of User Data Explains its High CPC Rates and Market Dominance ..........420

G. Investigating Google 's Control of User Data as One Source of its Dominance .......423

II. Control of Personal Data as a New Kind of Weapon for Competitive Dominance ........425

A. Google 's Expansion into New Consumer Products Reinforced its Search Advertising Domination by Increasing its Control over User Data .......426

B. E-Commerce and Integrated User Profiles as Tools to Track User Behavior .........428

C. Tying, Data Collection and the Google Business Model ...432

D. Google 's String of Illegal Activity in Pursuit of User Data .....435

E. How Google 's Illegal Maintenance and Expansion of its Control of User Data Opens it Up to Antitrust Liability ........440

III. The Consumer Harm from Google's Monopoly Practices ........441

A. Google 's Monopoly Position Means Users Give Away Personal Data When They Might Otherwise Not or at Too Low a...

Show less