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Showing archive for:  “Multisided Markets”

Justice Department’s Google Adtech Antitrust Suit Does Not Add Up

The trial of the U.S. Justice Department’s (DOJ) “adtech” antitrust lawsuit against Google kicked off Sept. 9 in U.S. District Court in Alexandria, Virginia. In a nutshell, the DOJ (joined by 17 states) argues that Google illegally monopolized key digital-advertising technologies through a variety of anticompetitive tactics. But the DOJ will find it difficult to ... Justice Department’s Google Adtech Antitrust Suit Does Not Add Up

Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?

The U.S. Justice Department (DOJ) announced yesterday that it has filed suit, along with 29 states and the District of Columbia, charging Live Nation Entertainment Inc. and its subsidiary Ticketmaster LLC with monopolizing the live-events industry in violation of Section 2 of the Sherman Act.  The suit, filed in the U.S. District Court for the ... Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?

A Closer Look at Spotify’s Claims About Apple’s App-Store Practices

Following Monday’s announcement by the European Commission that it was handing down a €1.8 billion fine against Apple, Spotify—the Swedish music-streaming service that a decade ago lodged the initial private complaint that spawned the Commission’s investigation—published a short explainer on its website titled “Fast Five Facts: Facts that Show Apple Doesn’t Play Fair.” The gist ... A Closer Look at Spotify’s Claims About Apple’s App-Store Practices

The Paradoxical Perils of Mandatory ‘Competition’ in Merchant Routing of Credit-Card Transactions

Sen. Richard Durbin (D-Ill.) earlier this month introduced legislation that aims to manufacture competition in the routing of credit-card transactions. If enacted, the measure would require that merchants be able to choose from at least two networks when processing most credit-card transactions. While this would result in competition over routing, it would harm other forms ... The Paradoxical Perils of Mandatory ‘Competition’ in Merchant Routing of Credit-Card Transactions

Untangling the 9th Circuit’s Ruling in Epic Games v Apple

The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and reversing in part the district court’s judgment. In the original case, Epic had challenged as a violation ... Untangling the 9th Circuit’s Ruling in Epic Games v Apple

NetChoice, Net Neutrality, and the Future of the First Amendment Online

In an expected decision (but with a somewhat unexpected coalition), the U.S. Supreme Court has moved 5 to 4 to vacate an order issued early last month by the 5th U.S. Circuit Court of Appeals, which stayed an earlier December 2021 order from the U.S. District Court for the Western District of Texas enjoining Texas’ ... NetChoice, Net Neutrality, and the Future of the First Amendment Online

Attention Markets: They Know Them When they See Them

A raft of progressive scholars in recent years have argued that antitrust law remains blind to the emergence of so-called “attention markets,” in which firms compete by converting user attention into advertising revenue. This blindness, the scholars argue, has caused antitrust enforcers to clear harmful mergers in these industries. It certainly appears the argument is ... Attention Markets: They Know Them When they See Them

Assessing Less Restrictive Alternatives and Interbrand Competition in Epic v Apple

The International Center for Law & Economics (ICLE) filed an amicus brief on behalf of itself and 26 distinguished law & economics scholars with the 9th U.S. Circuit Court of Appeals in the hotly anticipated and intensely important Epic Games v Apple case. A fantastic group of attorneys from White & Case generously assisted us ... Assessing Less Restrictive Alternatives and Interbrand Competition in Epic v Apple

The Return of (De Facto) Rate Regulation: Title II Will Slow Broadband Deployment and Access

President Joe Biden’s nomination of Gigi Sohn to serve on the Federal Communications Commission (FCC)—scheduled for a second hearing before the Senate Commerce Committee Feb. 9—has been met with speculation that it presages renewed efforts at the FCC to enforce net neutrality. A veteran of tech policy battles, Sohn served as counselor to former FCC ... The Return of (De Facto) Rate Regulation: Title II Will Slow Broadband Deployment and Access

10 Things the American Innovation and Choice Online Act Gets Wrong

The Senate Judiciary Committee is set to debate S. 2992, the American Innovation and Choice Online Act (or AICOA) during a markup session Thursday. If passed into law, the bill would force online platforms to treat rivals’ services as they would their own, while ensuring their platforms interoperate seamlessly. The bill marks the culmination of ... 10 Things the American Innovation and Choice Online Act Gets Wrong

The FTC’s Privacy Report Fails to Justify Asymmetric Regulation of ISPs

Others already have noted that the Federal Trade Commission’s (FTC) recently released 6(b) report on the privacy practices of Internet service providers (ISPs) fails to comprehend that widespread adoption of privacy-enabling technology—in particular, Hypertext Transfer Protocol Secure (HTTPS) and DNS over HTTPS (DoH), but also the use of virtual private networks (VPNs)—largely precludes ISPs from ... The FTC’s Privacy Report Fails to Justify Asymmetric Regulation of ISPs

Antitrust Statutorification

A lot of water has gone under the bridge since my book was published last year. To close this symposium, I thought I would discuss the new phase of antirust statutorification taking place before our eyes. In the United States, Congress is working on five antitrust bills that propose to subject platforms to stringent obligations, ... Antitrust Statutorification