Competition Law and 'Big Data': What Does It Mean for Data to Be 'Big'?
Free Public Lecture
Woodward Centre Conference Room, Level 10
Melbourne Law School
185 Pelham Street
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Professor Christopher Yoo, a world authority on the intersection of law and technology, will deliver a keynote address on the question: “Competition Law and Big Data: What does it mean for data to be ‘big’”. The address will be followed by a discussion of a panel of experts from the ACCC, government, business and the legal profession on Australia’s Consumer Data Right.
Competition enforcement authorities around the world are paying increasing attention to large providers of internet-based services. In particular, these authorities are focusing on the potential challenges posed by big data, an approach that would focus less on these companies’ positions in the markets in which they provide services to consumers and more on the amount of consumer information they are able to obtain and control.
Unfortunately, 'big data' is often used simply as a buzzword without any nuance or analysis. This lecture will provide greater insight into what it means for data to be 'big' by providing an overview of how predictive analytics uses data, surveying the empirical literature on scale economies in data, and examining the importance of attributes of data other than size. It will explore the impact of how different business models use data as well as the key analytical steps needed to determine the relationship between big data and consumer welfare.
Building on Professor Yoo’s address, the panel discussion will focus on current developments around the world that involve regulating for greater data access and portability as a pro-competition reform. As a tool increasingly seen as important in empowering consumers, reducing entry barriers and spurring innovation, Australia’s Consumer Data Right is at the forefront of these developments. The panel will reflect on the rationale for and process of designing this regulation and its implications from business, consumer and technological perspectives.
Pre-event reception from 5.00pm. Lecture and panel discussion from 5.30pm. Event concludes by 7.45pm.
The Law School gratefully acknowledges the sponsorship of Ashurst, DIGI, HoustonKemp Economists and Melbourne Business School for this year’s event.
Justin Jones, Partner
Justin Jones is a partner in our competition practice. Justin specialises in competition & antitrust matters, with particular expertise in regulated industries / infrastructure access, cartels, competition litigation & appeals, and consumer law. Justin also has considerable experience in broader power & utilities regulation. Justin advises on both commercial matters and disputes, and works collegially with other Ashurst offices and practice groups to deliver efficient results for his clients. Justin advises on matters across the oil & gas, mining, transport, and agribusiness sectors. His clients include wellknown and significant businesses operating in the resources, energy (upstream and downstream), linear networks (including gas, electricity and rail), agribusiness and retail services industries. Justin is experienced in dealing with Australian Competition and Consumer Commission (ACCC) inquiries, investigations and prosecutions. Prior to joining Ashurst, Justin gained considerable experience in conducting investigations and civil prosecutions for the ACCC both as a lawyer in civil regulation for the Australian Government Solicitor, and previously as an ACCC investigator. That experience has given Justin particular insight into the way the ACCC enforces competition and consumer protection laws.
Emma Penzo, Policy Director
Australian Banking Association
Emma Penzo is a Non Executive Director, Committee Member, Strategy and Change Executive with over a decade of board level experience across the commercial & not for profit sectors with particular experience in the banking, financial services, superannuation, insurance, retail and education industries. She is currently the Policy Director at the Australian Banking Association and has previously been the Strategy Manager for the ING Bank where she was responsible for strategic planning and making recommendations to the ING Bank Board. Emma has a Master of Business and a Master of Political Economy.
Andrew Stevens, Chairman
Innovation and Science Australia
Andrew Stevens is the Chairman of Innovation and Science Australia, and the Interim Chair of Data Standards Body.
Sven Feldmann, University of Melbourne, Melbourne Business School
University of Melbourne, Melbourne Business School
Sven Feldmann is Associate Professor of Economics at Melbourne Business School. He received his PhD in Economics and Government from Harvard University, and taught at the Kellogg School of Management at Northwestern University and the University of Chicago before joining Melbourne Business School in 2008. He has been a visiting professor at Stanford Graduate School of Business and visiting research professor at INSEAD (Fontainebleau and Singapore campuses). Sven’s research is in game theory, microeconomics and political economics, and analyses strategic behaviour in markets as well as society more broadly. His research focuses on questions of how information is effectively shared between different different parties, such as managers, policy makers, citizens and contestants in court. Designing a process that incentivises information sharing can fundamentally improve the quality of decisionmaking. Sven’s research also engages with the impact of corporate social responsibility and ethics on firm reputation and performance. His research has been published in journals such as the Journal of Political Economy, Journal of Public Economics, the Scandinavian Journal of Economics, and Business and Politics. Sven is a Research Fellow of CESIfo (Munich), National Fellow of the Hoover Institution (Stanford), and a Fulbright Scholar. Sven has consulted for companies and public sector institutions in Australia including Rio Tinto, Frontier Economics, Freehills, and local government on issues of market access regulation, contract negotiations, pricing strategy, and market design. Sven teaches Managerial Economics, Economics of Strategy, Ethics and Corporate Social Responsibility, Ethics in Data Analytics, and a Social Entreprise Consulting Practicum, in the MBA, Executive MBA, Master of Business Analytics, and Senior Executive MBA programs.
Sarah Court, Commissioner
Australian Competition and Consumer Commission (ACCC)
Sarah Court was appointed a Commissioner of the ACCC in April 2008, and reappointed for a third term in 2018. She is also an Associate Commissioner of the New Zealand Commerce Commission, and an independent expert advisory panel member for the Australian Prudential Regulation Authority. Sarah is a fulltime commissioner, and a former senior executive lawyer and Director with the Australian Government Solicitor. She brings to her role extensive experience in Commonwealth legal work, including restrictive trade practices, consumer protection and law enforcement litigation. Sarah oversees the ACCC’s enforcement and litigation program and chairs the Commission’s Enforcement Committee, Compliance Committee, Consumer Data Right Committee and Legal Committee. She also sits on the Merger Review Committee and Adjudication Committee. Sarah holds a Bachelor of Arts (Jurisprudence) and a Bachelor of Law (Honours) from the University of Adelaide as well as a Graduate Diploma in Legal Practice from the ANU. She is a Fellow of the Australian Institute of Company Directors.
Christopher Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science and the Founding Director of the Center for Technology, Innovation and Competition
John H. Chestnut Professor of Law, Communication, and Computer & Information Science and the Founding Director of the Center for Technology, Innovation and Competition
University of Pennsylvania
Christopher S. Yoo is the John H. Chestnut Professor of Law, Communication, and Computer & Information Science and the Founding Director of the Center for Technology, Innovation and Competition at the University of Pennsylvania. He is the author of five books and over one hundred scholarly articles and has taught at over a dozen universities around the world. His major research projects include comparing due process in antitrust enforcement practices in China, Europe, and the U.S.; analyzing these jurisdictions’ responses to big data; assessing antitrust liability for hightech platforms; and analyzing the technical determinants of optimal interoperability. He has also created innovative joint degree programs designed to produce a new generation of professionals with advanced training in both law and engineering. Professor Yoo received his A.B. from Harvard University, his M.B.A. from UCLA, and his J.D. from Northwestern University. Before entering the academy, Professor Yoo clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States and practiced law with the predecessor firm to Hogan Lovells under the supervision of nowChief Justice John G. Roberts, Jr. He is frequently called to testify before the U.S. Congress, U.S. Federal Trade Commission, U.S. Justice Department Antitrust Division, U.S. Federal Communications Commission, foreign governments, and international organizations. He is currently serving as a member of the Federal Communication Commission’s Broadband Deployment Advisory Committee, the Board of Advisers for the American Law Institute’s Project on Principles of Law for Data Privacy, and the joint European Law InstituteAmerican Law Institute project on Principles for a Data Economy.