Herbert Hovenkamp writes that the court presiding over the Google Ad Tech case gave the government an important win. However, by relying on the per se tying rule instead of rule of reason, the court perpetuated a flawed court precedent that can preclude serious market analysis for competitive harms.
The Federal Trade Commission’s case against Meta for monopolizing personal social media through its acquisitions of Instagram and WhatsApp serves as a warning of allowing Big Tech companies to acquire nascent competitors in the artificial intelligence market through quasi-mergers that dodge government scrutiny. Based on new research, Alexandros Kazimirov argues that antitrust agencies can look at a combination of circumstantial evidence, including market product proximity, price premiums and product discontinuation, to help adjust their approach to keep AI markets contestable, rather than trying to restore contestability ten years from now.
Kaleb Byars argues that while Big Tech censorship may constitute antitrust harm, without reform current law does not provide antitrust agencies or the courts a remedy.
The following is an excerpt from Angela Zhang's recent book, High Wire, out at Oxford University Press. Please join the Stigler Center on April 3 at 6:30-7:30 pm CT for a conversation with Zhang, where she'll discuss High Wire with Financial Times' China Technology Correspondent Eleanor Olcott. You can register for the livestream of the event here.
Big Tech’s monopoly over online discourse threatens democracy. "Middleware" promises a path forward by adding competitive, customizable layers of recommendation algorithms. But can middleware...
Mark MacCarthy writes that the case law supports Federal Trade Commission Chair Andrew Ferguson’s charge that collaboration by social media companies on content moderation practices would be anticompetitive collusion. However, the author argues that open and transparent cooperation might actually benefit a troubled internet, and Congress should consider carving out a content-neutral antitrust exemption for platforms in the way it has in the past for broadcast networks.
Utsav Gandhi relates recent developments in the American government’s ban on TikTok and shows how the case maps over broader debates about conflicts between...
Some American policymakers have sought to adopt and adapt aspects and principles of the European Union’s Digital Markets Act in an effort to regulate Big Tech giants. In new research, Giovanna Massarotto writes that the principle ideologies driving American and European antitrust, and the broader political economy, renders the DMA and its principles too foreign for American adoption.