Showing archive for: “Multisided Markets”
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
The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?
The U.S. Department of Justice’s (DOJ) antitrust case against Google, which was filed in October 2020, will be a tough slog.[1] It is an alleged monopolization (Sherman Act, Sec. 2) case; and monopolization cases are always a tough slog. In this brief essay I will lay out some of the issues in the case and raise ... The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?
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
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?
It’s All About What We Don’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 ... It’s All About What We Don’t Know
The Epic Flaws of Epic’s Antitrust Gambit
Much has already been said about the twin antitrust suits filed by Epic Games against Apple and Google. For those who are not familiar with the cases, the game developer – most famous for its hit title Fortnite and the “Unreal Engine” that underpins much of the game (and movie) industry – is complaining that ... The Epic Flaws of Epic’s Antitrust Gambit
Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising Concentration … Or Not
Earlier this week, merger talks between Uber and food delivery service Grubhub surfaced. House Antitrust Subcommittee Chairman David N. Cicilline quickly reacted to the news: Americans are struggling to put food on the table, and locally owned businesses are doing everything possible to keep serving people in our communities, even under great duress. Uber is ... Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising Concentration … Or Not
Private Antitrust: What Hipsters Can Learn from Hulk Hogan
Antitrust populists have a long list of complaints about competition policy, including: laws aren’t broad enough or tough enough, enforcers are lax, and judges tend to favor defendants over plaintiffs or government agencies. The populist push got a bump with the New York Times coverage of Lina Khan’s “Amazon’s Antitrust Paradox” in which she advocated ... Private Antitrust: What Hipsters Can Learn from Hulk Hogan
Big Tech and Antitrust
[This post is the third in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by John E. Lopatka, Robert Noll Distinguished Professor of Law, School of Law, The Pennsylvania State University] Big Tech firms stand accused of many evils, and ... Big Tech and Antitrust
Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”
[This post is the second in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by Philip Marsden, Bank of England & College of Europe, IG/Twitter: @competition_flaneur] Since the release of our Furman Report, I have been blessed with an uptick in #antitrusttourism. ... Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”
In Apple v Pepper, SCOTUS leaves home without its Amex
It might surprise some readers to learn that we think the Court’s decision today in Apple v. Pepper reaches — superficially — the correct result. But, we hasten to add, the Court’s reasoning (and, for that matter, the dissent’s) is completely wrongheaded. It would be an understatement to say that the Court reached the right ... In Apple v Pepper, SCOTUS leaves home without its Amex
