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A La Recherche du Droits Perdus: Deconstructing and Defibrillating Antitrust and Privacy Laws

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This Comment addresses the dangers of the continued neglect for data as an indicator of market power. Namely, by placing the rights to and control of data acquired through mergers in the hands of a few. By looking at the European Commission’s review of two particular mergers, the Facebook/WhatsApp merger and the Microsoft/LinkedIn merger, this Comment solidifies the relationship between privacy and antitrust. The immediate solution, then, is for the FTC and DOJ to consider data part of their merger analysis.