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Deputy Assistant Attorney General Barry Nigro Delivers Remarks at The Capitol Forum and CQ’s Fourth Annual Tech, Media & Telecom Competition Conference: Good afternoon. Thank you for the kind introduction and the opportunity to speak to you today. The tech, media and telecom industries on which this conference is focused compete in dynamic markets.

Today, I would like to discuss data and the role of antitrust enforcement in promoting competition in the myriad industries which make use of it. It is important in thinking about the appropriate role of antitrust enforcement to distinguish between competing for the market and competing within the market. What do I mean by this distinction? I recall the day several years ago when a few St. Albans high school graduates met with me to discuss their idea for a different kind of company. Rather than compete within the existing market for the distribution of news, those young entrepreneurs took aim at competing for a new type of market by launching a new type of subscription service, which they named The Capitol Forum. In other words, when I talk about competition for the market, I am talking about dynamic competition—competition to innovate and to provide consumers with new products and services.

Firms use data in numerous ways. Data can allow a firm to become more efficient by better allocating its employees’ time and other resources. And, data can provide important feedback and insights that allow a firm to solve problems and improve its products and offerings.

At the same time, the aggregation and commercial use of large quantities of data may give a firm a competitive advantage over its rivals, for example, if it uses the data to become a more efficient or effective competitor. Network effects may compound this effect if, as the data becomes more comprehensive or the platform gains more users, it becomes even more attractive to even more users.

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