Delrahim Worries GDPR Has Unintended Competition Consequences

EU’s general data protection regulation may have unintended competition consequences, DOJ Antitrust Division Chief Makan Delrahim said Thursday, citing chilling U.S. industry response. Because of GDPR, countries are requiring websites disclose use of cookies and “require global licensing of U.S. patents as a remedy,” he said. The latter could disincentivize investment and innovation, he said: “When a foreign enforcer imposes such a remedy globally, it takes away the Antitrust Division’s ability to reach a different conclusion and risks harming American consumers.” The division is reviewing its international competition guidelines, he told a Fordham conference, per prepared remarks. He said the division will ensure the guidelines “accurately reflect the latest guidance from our Supreme Court and lower courts … adequately reflect the importance of comity to our relationships with international competition enforcers” and “adequately convey the symmetry that we expect from our international counterparts.”