Antitrust laws on unilateral conduct have traditionally focused on exclusionary abuses that affect the competitive process and structure of a market. However, regulators are increasingly willing to address exploitative conduct that can directly harm consumers or trading partners.

European regulators have looked at excessive pricing and unfair terms imposed on consumers. Japan, for example, has a unique provision to prevent companies from taking advantage of a position of superiority in an unreasonable way vis à-vis their trading partners.

This panel will examine the circumstances in which antitrust law can act as a check on exploitative conduct. It will also explore whether the collection of personal data and use of intellectual property can be a potential violation of antitrust law.