Digital Economy

Previous plaintiffs have argued unsuccessfully that Google’s Jedi Blue agreement with Facebook is anticompetitive and illegal. The agreement grants Facebook preferential access to Google’s dominant digital advertisement system in exchange for not building competing technologies. The plaintiffs’ challenges to Jedi Blue would have been on stronger ground had they argued that Jedi Blue is compelling evidence of illegal monopoly maintenance, as occurred in Microsoft, writes Joshua B. Gray.

Brazil’s new child protection law has gained less global press than its new digital competition bill. However, the two are complementary efforts that demonstrate how governments must rethink how different regulatory concerns and mandates blend into one another in the digital economy.

In new research, Pinelopi Goldberg and Michele Ruta analyze how today’s structural, policy, and geopolitical trade conditions are no longer conducive to the trade-led growth miracles many developing countries experienced in the past.

Matt Lucky reviews two new books exploring why digital platforms are failing users and how to rediscover the internet’s original promises of an abundance of high-quality and cheap services: Cory Doctorow’s Enshittification: Why Everything Suddenly Got Worse and What to Do About It and Tim Wu’s The Age of Extraction: How Tech Platforms Conquered the Economy and Threaten Our Future Prosperity.

Jasper van den Boom provides a synopsis of his new book, Regulating Competition in the Digital Network Industry, which comes out at Cambridge University Press in December. The book can be pre-ordered here.

Nick Jacobson compares European and American enforcement to opening up the app store on Apple mobile phones, why European consumers and businesses are at an advantage, and if this advantage indicates that it is time for the United States to adopt legislation akin to the European Union’s Digital Markets Act.

Victor Oliveira Fernandes analyzes the contributions to digital market regulation presented in Brazil’s Fair Competition Act for Digital Markets. The proposed act reflects a careful balance between antitrust orthodoxy and innovation and, in its success or failure, will pave the way for additional digital regulation in the Global South.

Judge Amit Mehta shaped his remedies in the Google Search case on the assumption that startups developing generative artificial intelligence models can restore competition in internet search. Mihir Kshirsagar analyzes the barriers to entry these startups face—scale, distribution, defaults, data and integration advantages, and content access—to show how Big Tech is still in control of the future of the search industry.

South Korea’s proposed Online Platform Regulation Act has taken multiple turns amid political upheaval, pressure from the United States, and a fiercely competitive domestic tech market. Hwang Lee explores how global geopolitics, strong domestic platforms, and the "Brussels Effect" are reshaping the country’s approach to digital regulation.

In new research, Sarah Hinck and Jasper van den Boom argue that the European Union’s Digital Markets Act’s (DMA) whistleblower tool does not yet bring enough to the table to effectively incentivize potential informants to report on Big Tech violations.