Showing archive for: “Platforms”
The EU’s DMA Enforcement Against Meta Reveals a Dangerous Regulatory Philosophy
The European Commission’s just-published decision against Meta reveals a fundamental tension in EU digital regulation. In it, the Commission explicitly states it will pay no attention to the economic consequences of DMA enforcement on gatekeepers. This admission has profound implications not just for Meta, but also for other designated gatekeepers. It is a sign of ... The EU’s DMA Enforcement Against Meta Reveals a Dangerous Regulatory Philosophy
Still Haven’t Found What the Bundeskartellamt Is Looking For: Thoughts on the German Amazon Case
Germany’s Bundeskartellamt (Federal Cartel Office, or FCO) issued a preliminary legal assessment last week suggesting that Amazon had potentially infringed both European and national rules on abuse of dominance. At issue in the investigation is Amazon’s price-control mechanisms, also known as pricing filters. The filters rely on algorithms and statistical models, particularly dynamic price caps ... Still Haven’t Found What the Bundeskartellamt Is Looking For: Thoughts on the German Amazon Case
A Hipster and a Hillbilly Walk into a Bar
A curious political convergence has been reshaping U.S. antitrust policy. Conservative populists have found common cause with the so-called “neo-Brandeisians” of the left—named for the late Supreme Court Justice Louis Brandeis—in seeking to challenge big business, particularly the tech giants. While both cohorts’ concerns about concentrated power deserve attention, their shared willingness to abandon the ... A Hipster and a Hillbilly Walk into a Bar
California Leads the Charge in Systematically Dismantling US Federal Antitrust Law
The California Law Revision Commission (CLRC) is currently reviewing proposed amendments to the state’s antitrust statutes, particularly the Cartwright Act. As made clear in a recently published memo, a major goal of the effort is clearly to distance California from the perceived constraints of federal antitrust law that limit liability for single-firm conduct under Section ... California Leads the Charge in Systematically Dismantling US Federal Antitrust Law
The EU Is Determined to Tear Down Apple’s ‘Walled Garden’
Last month’s decision by the European Commission fining Apple for breach of the Digital Markets Act’s (DMA) anti-steering provisions was just the latest in a series of EU attempts to open the iOS platform in order make it ostensibly more “fair” and “contestable.” But what it also made clear is that the Commission is no ... The EU Is Determined to Tear Down Apple’s ‘Walled Garden’
Network Effects in FTC v Meta
The Federal Trade Commission’s (FTC) ongoing antitrust case against Meta has brought network effects into the spotlight, as the agency’s complaint and opening statement both lean heavily on networks as a source of competitive harm. But the commission’s arguments fundamentally misunderstand how network effects interact with competition in digital markets. Far from being solely anticompetitive ... Network Effects in FTC v Meta
The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Gustavo, could you please tell us a bit about yourself and your professional background? I’m a law practitioner with a master’s degree in law and public policy, specializing in constitutional and administrative law. I served as a federal attorney and litigator before the Brazilian Supreme Court and was appointed by the attorney general as the ... The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
The Law & Economics of Online Age Verification and Parental Consent: Device-Filtering Edition
As patient observers continue to await the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, which many hope will clarify the constitutionality of online age-verification regulations, the debate over how to best protect children online, given the strictures of the First Amendment, continues to evolve. While several states have attempted to impose age-verification ... The Law & Economics of Online Age Verification and Parental Consent: Device-Filtering Edition
Digital Platforms Aren’t Telecoms and Their Regulations Shouldn’t Rhyme
Modern tech markets share several key economic characteristics with the telecommunications markets of the recent past, a new working paper from Georgetown Law’s Jonathan Nuechterlein and Howard Shelanski argues. And while telecom regulators have over the years sought to address these key issues of network effects, economies of scale, and switching costs through various interventions, ... Digital Platforms Aren’t Telecoms and Their Regulations Shouldn’t Rhyme
Market Definition in FTC v. Amazon: A Crucial Battleground
The Federal Trade Commission’s (FTC) antitrust suit against Amazon, originally filed in October 2023, is scheduled for trial in October 2026. In the meantime, the U.S. District Court for the Western District of Washington has scheduled a March 7 “economics day” hearing to focus on fundamental economic concepts that will shape the case—including the crucial ... Market Definition in FTC v. Amazon: A Crucial Battleground
Antitrust at the Agencies: Private Anticompetitive Censorship Edition
A Feb. 20 press release from the Federal Trade Commission (FTC) announces “Federal Trade Commission Launches Inquiry on Tech Censorship.” That is, “a public inquiry to better understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliations, and how this conduct may have violated the ... Antitrust at the Agencies: Private Anticompetitive Censorship Edition
Can You Actually Keep Kids Off Social Media Without Age Verification?
Children’s online safety is back on the agenda with the U.S. Senate Commerce Committee’s recent markup of the Kids Off Social Media Act (KOSMA). That bill would make social-media platforms liable for allowing kids under age 13 to create or maintain a profile. But it’s worth considering whether KOSMA could possibly be effective if kids ... Can You Actually Keep Kids Off Social Media Without Age Verification?
