A New Antitrust Class Action Threat: Anticompetitive Invasion Of Privacy

Antitrust, data privacy, unfair competition, and class actions are among the pillars of consumer protection law. At the same time that federal government agencies and state attorneys general launch investigations and litigations targeting "Big Tech," the plaintiffs' class action bar is brainstorming and testing novel theories of competitive harm that unite antitrust and data privacy. In light of these recent activities, companies that use consumer data in their business operations must take heed of the uncertain legal landscape that is evolving to meet technological advances in data analytics.

In recent weeks, multiple class action lawsuits have been filed against Facebook for alleged antitrust violations for infringing upon user privacy. The complaints allege, among other things, that Facebook abuses its market dominance by violating user privacy and maintaining monopoly power by deceiving consumers and acquiring rivals, nascent rivals, or potential rivals. The