Seton Hall University School of Law's Gibbons Institute of Law, Science & Technology and Institute for Privacy Protection are co-hosting a virtual conference to explore issues relation to Big Tech and Antitrust regulation from U.S., EU, and international perspectives with leading academics, practitioners, and former regulators.
Holly Ritson (LLM ‘21), Research Fellow at Guarini Global Law & Tech, presented her paper “Antitrust and AdTech: the Australian Approach” during Panel 3: Comparative Perspectives: EU and Beyond. This paper describes Australia’s recent engagements with the issue of competition in AdTech markets. In doing so, the paper charts the road ahead for AdTech regulation in Australia by critically examining the recommendations made by the ACCC in the AdTech Inquiry. In discussing these developments, the paper draws comparisons to similar findings and initiatives in the EU, UK and US, while also highlighting the novel elements of the Australian approach. In particular, the paper explains how the unique approach taken by the ACCC and Australian government in negotiating and enacting the News Media Bargaining Code provides useful guidance for other governments attempting to regulate competition and address market power in digital markets. Further, the ACCC’s detailed assessment of competition issues and potential remedies in relation to AdTech markets may provide insights for other jurisdictions seeking to grapple with the complex and dynamic nature of these, especially in relation to the tensions between antitrust and privacy law.