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The collection of all scholarly commentary on law, economics, and more

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The Dishonesty of Conservative Attacks on Section 230

President Donald Trump has repeatedly called for repeal of Section 230. But while Trump and fellow conservatives decry Big Tech companies for their alleged anti-conservative bias, including at yet more recent hearings, their issue is not actually with Section 230. It’s with the First Amendment.  Conservatives can’t actually do anything directly about how social media ... The Dishonesty of Conservative Attacks on Section 230

The Limits of Rivalry

I am left wondering, however, if he’s misdiagnosed the problem – or at least whether the cure he offers would be seen as sufficient by those most vocally asserting that antitrust is failing.  And, of course, I recognize that his objective in writing this book is not to bring harmony to a deeply divided debate, ... The Limits of Rivalry

Commentary: In the race for a COVID-19 vaccine, how do we balance risk and safety?

(Ed. Note: the following is an excerpt from a piece published by the Chicago Tribune on Oct. 16, 2020. Click here to read the full piece) No matter your Twitter feed, “vaccines have been one of the greatest public health tools to prevent disease,” as The New York Times explained in January… Many are terrified ... Commentary: In the race for a COVID-19 vaccine, how do we balance risk and safety?

Buck’s “Third Way”: A Different Road to the Same Destination

Congressman Buck’s “Third Way” report offers a compromise between the House Judiciary Committee’s majority report, which proposes sweeping new regulation of tech companies, and the status quo, which Buck argues is unfair and insufficient. But though Buck rejects many of the majority’s reports proposals, what he proposes instead would lead to virtually the same outcome ... Buck’s “Third Way”: A Different Road to the Same Destination

The Dangerous Implications of Changing Antitrust Presumptions

One of the key recommendations of the House Judiciary Committee’s antitrust report which seems to have bipartisan support (see Rep. Buck’s report) is shifting evidentiary burdens of proof to defendants with “monopoly power.” These recommended changes are aimed at helping antitrust enforcers and private plaintiffs “win” more. The result may well be more convictions, more ... The Dangerous Implications of Changing Antitrust Presumptions

Antitrustifying Contract: Thoughts on Epic Games v. Apple and Apple v. Qualcomm

In the hands of a wise philosopher-king, the Sherman Act’s hard-to-define prohibitions of “restraints of trade” and “monopolization” are tools that will operate inevitably to advance the public interest in competitive markets. In the hands of real-world litigators, regulators and judges, those same words can operate to advance competitors’ private interests in securing commercial advantages ... Antitrustifying Contract: Thoughts on Epic Games v. Apple and Apple v. Qualcomm

It’s Not So Simple Who Owns “Your” Data

What kind of regulation? Treating digital platforms like public utilities won’t work, Petit argues, because the product is multidimensional and competition takes place on multiple margins (the larger theme of the book): “there is a plausible chance that increased competition in digital markets will lead to a race to the bottom, in which price competition ... It’s Not So Simple Who Owns “Your” Data

What is a search engine?

What is a search engine? This might seem like an innocuous question, but it lies at the heart of the US Department of Justice and state Attorneys’ General antitrust complaint against Google, as well as the European Commission’s Google Search and Android decisions. It is also central to a report published by the UK’s Competition ... What is a search engine?

The Fox and Shepherd Problem

I spent a lot of time with this topic when writing a book (How the Internet Became Commercial, 2015, Princeton Press). If I have something unique to add to a review of Petit’s book, it comes from the role Microsoft played in the events in my book. Many commentators have speculated on what precise charges ... The Fox and Shepherd Problem

Diversification Is At The Heart Of Competition

In his chapter 4, Petit lays out how this works with six of today’s large high-tech companies, adding Netflix to the usual Big Five of Amazon, Apple, Facebook, Google, and Microsoft.  If I understand properly, what he means by “moligopoly” is that these large firms have their hands in many different relevant markets.  Because they ... Diversification Is At The Heart Of Competition

Itโ€™s All About What We Donโ€™t Know

Nicolas Petit’s Big Tech and the Digital Economy: The Moligopoly Scenario provides an insightful and valuable antidote to this unease.  While neither Panglossian nor comprehensive, Petit’s analysis persuasively argues that some of the concerns about the platforms are misguided or at least overstated.  As Petit sees it, the platforms are not so much monopolies in ... Itโ€™s All About What We Donโ€™t Know

Symposium on Big Tech and the Digital Economy: The Moligopoly Scenario

Confirmed Participants As in the past (see examples of previous TOTM blog symposia here), we’ve lined up an outstanding and diverse group of scholars to discuss these issues, including: Kelly Fayne, Antitrust Associate, Latham & Watkins Shane Greenstein, Professor of Business Administration; Co-chair of the HBS Digital Initiative, Harvard Business School Peter Klein, Professor of ... Symposium on Big Tech and the Digital Economy: The Moligopoly Scenario