Empirical studies show rising corporate power in digital markets, suggesting new privacy tort liability and competition law solutions.
Empirical studies have observed rising concentrations of corporate power. Policymakers, in turn, have envisaged the restructuring of markets by breaking big technology companies up. The Privacy Fallacy persuasively argues that accountability for the consequences of corporate data practices entails creating a new type of tort liability that recognizes the value of privacy. But addressing the effects of digital technologies must also involve competition law, to enable consumers to challenge, contest, or modify their favoured product segments. This involves a sort of influence that enables consumers to meaningfully address the predicaments of digital technologies and making their use more profound.
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Adrian Kuenzler (2025) studied this question.
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