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97 Notre Dame L. Rev. Reflection 356-473

Data Privacy & Antitrust Law Symposium

Notre Dame Law Review Reflection

In March 2022, Notre Dame Law Review Reflection hosted two panel discussions to address increasingly important questions about data privacy legislation and the intersection of data privacy and antitrust law. 

In addition to soliciting essays from legal scholars, which are published below, Reflection was also blessed and honored to welcome to the discussion leading practitioners in these fields. 

To the authors, practitioners, and moderators who devoted their time, energy, and talent to this Symposium, the editors of Reflection would like to sincerely thank you for your immense contributions to this Issue; to the legal academy; and, by extension, to our education. 

Data Privacy Legislation Panel

Question Presented: 

  • What lessons do the track records of sweeping data privacy laws such as the European Union’s General Data Protection Regulation and the California Privacy Rights Act offer?

Authors:

  • Woodrow Hartzog, Northeastern University School of Law
  • Neil Richards, Washington University in St. Louis School of Law
  • Margot Kaminski, Colorado Law

Practitioner Panelist:

  • Jessica Lee, Loeb & Loeb LLP 

Moderator:

  • Stephen Yelderman, Notre Dame Law School 

Antitrust and Data Privacy Panel

Question Presented:  

  • Success in the modern economy often relies on access to personal user data, which is increasingly concentrated in a few major corporations. Consequently, there have been calls for the break-up of these corporations or for court orders to compel access to their users’ data. However, these remedies could run against consumer expectations for privacy. To what extent should consumer data privacy be considered when fashioning modern antitrust remedies? 

Authors:

  • Maurice Stucke, University of Tennessee College of Law
  • Abbey Stemler, Indiana University Kelley School of Business
  • Erika Douglas, Temple University Beasley School of Law 

Practitioners:

  • Maureen Ohlhausen, Baker Botts
  • Dina Srinivasan, Yale University
  • Ashley Keller, Keller Lenkner LLC 

Moderator:

  • Roger Alford, Notre Dame Law School

Essays

Legislating Data Loyalty

Woodrow Hartzog & Neil Richards, 97 Notre Dame L. Rev. Reflection 356

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The Case for Data Privacy Rights (Or, Please, a Little Optimism)

Margot E. Kaminski, 97 Notre Dame L. Rev. Reflection 385

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The Relationship Between Privacy and Antitrust

Maurice E. Stucke, 97 Notre Dame L. Rev. Reflection 400

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Privacy & Antitrust Reform: How to Avoid the Starfish Problem

Abbey Stemler, 97 Notre Dame L. Rev. Reflection 417

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Data Privacy as a Procompetitive Justification: Antitrust Law and Economic Analysis

Erika M. Douglas, 97 Notre Dame L. Rev. Reflection 430

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