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American University Washington College of Law
4300 Nebraska Ave NW
Washington, DC 20016
United States

Directions & Nearby
Room
Warren NT01 (Tenley Campus)

Event Description

The Federal Trade Commission held the sixth session in its Hearings initiative, with two and a half days of sessions on November 6 – 8, 2018, at American University Washington College of Law, in Washington, D.C.

The hearings examined the role that data play in competition and innovation and will also consider the antitrust analysis of mergers and firm conduct where data is a key asset or product.

The Commission invited public comment on these issues, including the questions listed below. Comments were 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 – 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. Do the presence of personal information or privacy concerns inform or change competition analysis?
  7. How do state, federal, and international privacy laws and regulations, adopted to protect data and consumers, affect competition, innovation, and product offerings in the United States and abroad?

Disability Accommodation

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 ekraszewski@ftc.gov 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.

  • Tuesday, November 6, 2018

    9:10-9:20 am

    Welcome and Introductory Remarks

    Jonathan Baker
    American University
    Washington College of Law

    9:20-9:45 am

    The Economics of Big Data, Privacy, and Competition –  An Introduction

    Ginger Zhe Jin
    University of Maryland

    9:45-10:00 am

    Break

    10:00-12:00 pm

    The Economics of Big Data and Personal Information

    Participants:

    Alessandro Acquisti
    Carnegie Mellon University
    Heinz College

    Omri Ben-Shahar
    University of Chicago
    Law School

    Liad Wagman
    Illinois Institute of Technology
    Stuart School of Business

    Florian Zettelmeyer
    Northwestern University
    Kellogg School of Management

    Ginger Zhe Jin
    University of Maryland
    Department of Economics

    Moderator: Jeremy Sandford
    Federal Trade Commission, Bureau of Economics

    12:00-1:00 pm

    Lunch

    1:00-2:30 pm

     

     

    The Business of Big Data

    Participants:

    Christopher Boone
    Pfizer

    Liz Heier
    Garmin

    Marianela López-Galdos
    Computer & Communications
    Industry Association

    Mark MacCarthy
    Software & Information Industry Association

    Morgan Reed
    The App Association

    Andrew Reiskind
    Mastercard

    Florian Zettelmeyer
    Northwestern University
    Kellogg School of Management

    Moderator: James Cooper
    Federal Trade Commission, Bureau of Consumer Protection

    2:30-2:45 pm

    Break

    2:45-3:15 pm

    The Impact of GDPR on EU Technology Venture Investment

    Liad Wagman
    Illinois Institute of Technology
    Stuart School of Business

    Moderator: Andrew Stivers
    Federal Trade Commission, Bureau of Economics

    3:15-3:35 pm

    Big Data Fails: Recent Research into the Surprising Ineffectiveness of Black-Box AI

    Catherine Tucker
    Massachusetts Institute of Technology
    Sloan School of Management

    3:35-3:55 pm

    Corporate Data Ethics: Risk Management for the Big Data Economy

    Dennis Hirsch  
    The Ohio State University
    Moritz College of Law

    3:55-4:15 pm

    Free Speech and Data Privacy

    Jane Bambauer
    University of Arizona
    James E. Rogers College of Law

    4:15-4:45 pm

    FTC Experience with Data Markets

    Haidee Schwartz
    Federal Trade Commission, Bureau of Competition

    Wednesday, November 7, 2018

    9:00-9:05 am

    Welcome and Introductory Remarks

    9:05-10:30 am

    Antitrust Analysis of Data

    Participants:

    Jonathan Baker
    American University
    Washington College of Law

    Michael Baye
    Indiana University
    Kelley School of Business

    Allen Grunes
    The Konkurrenz Group

    Renata Hesse
    Sullivan & Cromwell LLP

    Alexander Okuliar
    Orrick

    D. Daniel Sokol
    University of Florida
    Levin College of Law

    Moderator: Gail Levine
    Federal Trade Commission, Bureau of Competition

    10:30-10:45 am

    Break

    10:45-12:00 pm

    Remedies for Competition Problems in Data Markets

    Participants:

    Kevin Bankston
    New America
    Open Technology Institute

    Courtney Dyer
    O’Melveny & Myers LLP

    Andrew Gavil
    Howard University
    School of Law

    Frank Pasquale
    University of Maryland
    Francis King Carey School of Law

    D. Daniel Sokol
    University of Florida
    Levin College of Law

    Moderator: Katie Ambrogi
    Federal Trade Commission, Office of Policy Planning

    12:00-12:45 pm

    Lunch Break      

    12:45-1:05 pm

    Economics of Online Advertising

    Garrett Johnson
    Boston University
    Questrom School of Business

    1:05-2:30 pm

    Competition and Consumer Protection Issues in Online Advertising

    Participants:

    Howard Beales
    George Washington University
    School of Business

    Allie Bohm
    Public Knowledge

    Leigh Freund
    Network Advertising Initiative

    Garrett Johnson
    Boston University
    Questrom School of Business

    Anja Lambrecht
    London Business School

    Katie McInnis
    Consumers Union

    Moderator: James Cooper
    Federal Trade Commission, Bureau of Consumer Protection

    2:30-2:45 pm

    Break

    2:45-4:00 pm

     

     

    The Impact of Privacy Regulations on Competition and Innovation

    Participants:

    Jane Bambauer
    University of Arizona
    James E. Rogers College of Law

    Avi Goldfarb
    University of Toronto
    Rotman School of Management

    Anja Lambrecht
    London Business School

    Amalia Miller
    University of Virginia
    Department of Economics

    Lior Strahilevitz
    University of Chicago
    Law School

    Rahul Telang
    Carnegie Mellon University

    Moderator: Daniel Gilman
    Federal Trade Commission, Office of Policy Planning

    4:00-5:00 pm

    The Potential Impact of GDPR on Competition and Innovation

    Participants:

    Jim Halpert
    DLA Piper

    Garrett Johnson
    Boston University
    Questrom School of Business

    Simon McDougall
    Information Commissioner’s Office (UK)

    Renato Nazzini
    King’s College London

    Orla Lynskey
    London School of Economics
    Law Department

    Rainer Wessely
    Delegation of the European Union to the US

    Moderator: Hugh Stevenson
    Federal Trade Commission, Office of International Affairs

    Thursday, November 8, 2018

    9:00-9:05 am

    Welcome and Introductory Remarks

    9:05-10:30 am

    Perspectives on Data Policy

    Participants:

    Allie Bohm
    Public Knowledge

    Thomas Lenard
    Tech Policy Institute

    Katie McInnis
    Consumers Union

    Eric Null
    New America
    Open Technology Institute

    Ramsi Woodcock
    University of Kentucky
    College of Law

    Moderator: Peggy Bayer Femenella
    Federal Trade Commission, Bureau of Competition

    10:30-10:45 am

    Break

    10:45-12:00 pm

    Former Enforcers' Perspective: Where Do We Go From Here? What is Right, Wrong, or Indeterminate about Data Policy?

    Participants:

    Bill Baer
    Arnold & Porter

    Julie Brill
    Microsoft

    Maureen K. Ohlhausen
    Former FTC Commissioner and Acting Chairman

    Moderator: Daniel Gilman and Katie Ambrogi
    Federal Trade Commission, Office of Policy Planning

  • Request for Comments

    If parties already filed relevant comments in response to the Initial Topics for Comment, they need not refile those comments here.

FTC Privacy Policy

Under the Freedom of Information Act (“FOIA”) or other laws, we may be required to disclose to outside organizations the information you provide when you pre-register. The Commission will consider all timely and responsive public comments, whether filed in paper or electronic form, and as a matter of discretion, we make every effort to remove home contact information for individuals from the public comments before posting them on the FTC website.

The FTC Act and other laws we administer permit the collection of your pre-registration contact information and the comments you file to consider and use in this proceeding as appropriate. For additional information, including routine uses permitted by the Privacy Act, see the Commission’s comprehensive Privacy Policy.

This event is open to the public and may be photographed, videotaped, webcast, or otherwise recorded. By participating in this event, you are agreeing that your image — and anything you say or submit — may be posted indefinitely at ftc.gov or on one of the Commission's publicly available social media sites.