FEDERAL TRADE COMMISSION V. FACEBOOK

A Case Study of the Effects of Antitrust Laws on Consumers’ Data Privacy Protection

Abstract

On December 9, 2020, the United States (U.S.) Federal Trade Commission (FTC) filed an antitrust lawsuit against Facebook. The lawsuit is an attempt by the U.S. government to regulate big-tech companies using antitrust laws after noticing the growing concerns of consumers’ data privacy breaches. The use of antitrust laws to regulate consumers’ data protection has been debated extensively by legal scholars; however, the debate focuses too much on theory and ignores the effectiveness of antitrust remedies. This paper looks at Federal Trade Commission v. Facebook, Inc. from both viewpoints of legal theory and practicality. It concludes that even though U.S. antitrust laws have possible jurisdiction over consumers' data privacy protection issues, their available legal remedies are not qualified to ensure consumers' data privacy protection.