The Issues

  • Competition Policy and Antitrust
  • Innovation and Economic Growth
  • Intellectual Property
  • Interoperability
  • Networks, the Internet, and Cloud Computing
  • Privacy and Security

TAP Highlights

An Emerging Issue in Mergers — The Data Lemon

When Marriott acquired Starwood in 2016 for $13.6 billion, neither company was aware of a cyber-attack on Starwood’s reservation system that dated back to 2014. The breach exposed the personal data of nearly 500 million Starwood customers. This “is a perfect example of a data lemon,” says Daniel Sokol and Chirantan Chatterjee.

How Can Regulators Spur Competition?

From airline deregulation to net neutrality and unbundling, policymakers have attempted to design rules that promote competition. In “Antitrust via Rulemaking: Competition Catalysts,” law professor Tim Wu considers the history of such attempts, noting that such rules are most likely to succeed when they spur entry by new firms, and more likely to fail when incumbent firms can interfere to protect their profits.

How the FTC Regulates Tracking by Private-Sector Firms

The Federal Trade Commission (FTC) has brought numerous cases against software, hardware, and online service providers for intrusive monitoring. In “FTC Regulation of Cybersecurity and Surveillance,” law professor Chris Hoofnagle outlines the principles established in these FTC cases, describing how they affect firms’ responsibility to obtain consent before monitoring and firms’ obligations to ensure that its offerings are secure.

What Happens When Automation Takes Humans Out of the Loop?

In an essay by Danielle Citron and Ryan Calo: “Computers terminate Medicaid to cancer patients and deny food stamps to individuals. They identify parents believed to owe child support and initiate collection proceedings against them. Computers purge voters from the rolls and deem small businesses ineligible for federal contracts.”

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Daniel Sokol Offers Ways to Avoid “Data Lemons” in Mergers & Acquisitions

Posted on April 19, 2019
University of Florida law professor Daniel Sokol and Stanford University Fellow Chirantan Chatterjee examine the risk of cybersecurity vulnerabilities within merger and acquisition activity.

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