Two Households, Both Alike in Dignity: The Intersection of Privacy & Antitrust at the FTC

The FTC’s dual missions to protect consumers and promote competition may most obviously have collided in its recent Big Tech investigations and litigation. With the rise of new privacy laws around the country and the leaders of both parties in Washington advocating for antitrust reforms, companies should not lose sight of the many Privacy & Antitrust concerns that exist beyond Big Tech. From healthcare to financial services, every company needs to be aware that Privacy & Antitrust concerns can come up in any industry and every company needs to be prepared for the two bureaus of the FTC to work together in new ways.

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Whether that means:
  • Ensuring your company collects and stores consumer data in compliance with all regulatory and contractual obligations to avoid raising concerns with the Bureau of Consumer Protection;
  • Being careful your company does not collect or share consumer data in a manner that might facilitate collusion to avoid raising concerns with the bureau of Competition; or
  • Evaluating merger transactions for potential privacy and antitrust concerns that could become obstacles and could bring on investigations by both bureaus.

Foley Hoag attorneys discuss prominent issues in privacy and antitrust and how the lines between the two, and the two bureaus at the FTC, are increasingly becoming blurred. The speakers also discuss the FTC’s enforcement priorities under its new leadership and how your company can minimize the risk of becoming an enforcement target.