“We must proceed with a scalpel, not a sword,” proposes Megan Case, a 3L at Maryland Carey Law, to address the unique antitrust challenges posed by big tech companies like Google. Case’s recent law review article “Google, Big Data, & Antitrust” pending publication in the Delaware Journal of Corporate Law (Vol. 46, Issue No. 2, Forthcoming) argues that those challenges can be addressed without a reconstruction of current antitrust law. Born out of conversations Case held with Associate Professor William Moon after their Business Associations class, the idea for the paper came about against the backdrop of Congress considering new regulations to rein in “big tech.”
Case explains that Google’s ability to collect, control, and monetize billions of pieces of user information, known as “big data,” grants it a unique and powerful position within current and potential product markets. She describes how antitrust concerns over big data present novel challenges for courts and regulators and in turn have led to numerous legislative proposals calling for major overhaul to antitrust law. Case cautions against these proposals, arguing that such changes could have a chilling effect on competition and innovation. She instead urges courts and competition officials to explore the available solutions for big data problems within the current antitrust framework.
Case encourages readers to monitor this area of the law closely. “You can search ‘antitrust’ in the news and see new results coming up on any given day,” she describes. “As the world continues to hurtle headfirst into the digital age, antitrust law will be forced to keep up – it is our responsibility to make sure it does so in a way that will protect consumers and promote competition.”
Moon gave a glowing review of Case’s efforts saying, “This is an incredible accomplishment and a testament to Megan’s insightful and timely research on big data and antitrust. The Delaware Journal of Corporate Law is widely considered to be one of the premier academic journals in business law. I am so proud that Megan will be joining the group of influential judges and scholars who have graced the pages of the journal.”
After law school, Case will be clerking with Judge C. Lynn Knight of the Queen Anne County Circuit Court. She currently works for Bowman Jarashow Law, LLC, in Annapolis and with Professor Daniel Goldberg as research assistant for his forthcoming book on business planning. The pre-print version of the article can be found on SSRN.