Antitrust For Dominant Digital Platforms

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Antitrust for Dominant Digital Platforms

Author : Jordan Ramsey
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (138 download)

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Book Synopsis Antitrust for Dominant Digital Platforms by : Jordan Ramsey

Download or read book Antitrust for Dominant Digital Platforms written by Jordan Ramsey and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust law is meant to promote competition by prohibiting anticompetitive business practices such as mergers and acquisitions as well as exclusionary conduct. Judicial interpretation of antitrust law has allowed dominant digital platforms to undertake anticompetitive actions without prosecution. The Sherman Antitrust Act should be amended to remove the monopoly power standard that allows firms to engage in anticompetitive conduct as long as the conduct does not create or uphold monopoly power. The amendment would make anticompetitive conduct illegal regardless of monopoly power, as long as six proof requirements are met. This would result in lessened market concentration, which would benefit technological innovation and the economy, American technological leadership, and the free flow of information.

The Antitrust Paradox

Author : Robert Bork
Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)

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Book Synopsis The Antitrust Paradox by : Robert Bork

Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Competition Law and Big Data

Author : Beata Mäihäniemi
Publisher : Edward Elgar Publishing
ISBN 13 : 1788974263
Total Pages : 336 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Competition Law and Big Data by : Beata Mäihäniemi

Download or read book Competition Law and Big Data written by Beata Mäihäniemi and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.

Regulating Big Tech

Author : Martin Moore
Publisher : Oxford University Press
ISBN 13 : 0197616097
Total Pages : 385 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Regulating Big Tech by : Martin Moore

Download or read book Regulating Big Tech written by Martin Moore and published by Oxford University Press. This book was released on 2021-10 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The market size and strength of the major digital platform companies has invited international concern about how such firms should best be regulated to serve the interests of wider society, with a particular emphasis on the need for new anti-trust legislation. Using a normative innovation systems approach, this paper investigates how current anti-trust models may insufficiently address the value-extracting features of existing data-intensive and platform-oriented industry behaviour and business models. To do so, we employ the concept of economic rents to investigate how digital platforms create and extract value. Two forms of rent are elaborated: 'network monopoly rents' and 'algorithmic rents.' By identifying such rents more precisely, policymakers and researchers can better direct regulatory investigations, as well as broader industrial and innovation policy approaches, to shape the features of platform-driven digital markets"--

Digital Platforms and Antitrust Law

Author : Keith N. Hylton
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Digital Platforms and Antitrust Law by : Keith N. Hylton

Download or read book Digital Platforms and Antitrust Law written by Keith N. Hylton and published by . This book was released on 2019 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a paper about “big data” and antitrust law. For my purposes, big data refers to digital platforms that enable the discovery and sharing of information by consumers, and the harvesting and analysis of data on those consumers by the platform. The obvious example of such a platform is Google. The big platforms owe their market dominance not to anticompetitive conduct but to economies of scale. I discuss three types of anticompetitive conduct associated with digital platforms: kill zone expropriation, acquisition of nascent rivals, and denial of access to data. There is nothing so unusual about digital platforms that would require a reform of the antitrust laws. Some are described as two-sided markets, but this designation, even after Ohio v. Amex, should not present an obstacle to the application of antitrust law.

The Case for the Digital Platform Act

Author : Harold Feld
Publisher : Independently Published
ISBN 13 : 9781075250798
Total Pages : 216 pages
Book Rating : 4.2/5 (57 download)

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Book Synopsis The Case for the Digital Platform Act by : Harold Feld

Download or read book The Case for the Digital Platform Act written by Harold Feld and published by Independently Published. This book was released on 2019-10-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Case for the Digital Platform Act" is a new book from Harold Feld, Senior Vice President of Public Knowledge and longtime communications industry advocate, in collaboration with Public Knowledge and the Roosevelt Institute. This book aims to guide policymakers on what government can do to preserve competition and empower individual users in the huge swath of our economy now referred to as "Big Tech." Many Americans now wonder how they can reassert control over their lives after ceding so many decisions about our economy and our public discourse to private actors like Facebook, Google, and Amazon. But as Feld points out, we have faced similar challenges from new technologies before. Looking at more than a century of disruptive communications technologies from the telegraph to television to Twitter, Feld picks out patterns of what approaches have worked (and what hasn't) to promote competition, empower consumers and protect democracy. "The Case for the Digital Platform Act" provides a deep dive for policymakers on everything from specific recommendations on how to promote competition to a "First Amendment checklist" for content moderation, while remaining accessible to the general reader looking to participate in the debate over our digital future. Feld explains the need for a "Digital Platform Act" and for an agency specifically charged to regulate digital platforms on an ongoing basis. He proposes a new method of assessing a platform's dominance for purposes of new regulation. He also addresses questions around content moderation rights and responsibilities for companies that have found themselves policing the new public square, all while preserving the best things about digital platforms for their users. Praise for "The Case for the Digital Platform Act": "[...] a tour de force of the issues raised by the digital economy and internet capitalism. Whether you agree or disagree with Harold, these thoughts will stretch your intellect and stimulate your thinking." -Tom Wheeler, Former Chairman of the Federal Communications Commission, Visiting Fellow at The Brooking Institution "You'd be shortchanging yourself by not reading the book of such a principled advocate." -Hal Singer, Managing Director at Econ One Research, Adjunct Professor at Georgetown University's McDonough School of Business, Senior Fellow at George Washington's Institute of Public Policy "I'd bet you can't listen to Harold Feld talk about the Digital Platform Act and not think we need it as law right now. I'm glad Harold Feld and Public Knowledge are making the case for government to do the job Silicon Valley won't." -Chris Savage, Eclectablog

The Market Dominance of US Digital Platforms

Author : Stephane Ciriani
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Market Dominance of US Digital Platforms by : Stephane Ciriani

Download or read book The Market Dominance of US Digital Platforms written by Stephane Ciriani and published by . This book was released on 2018 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The persistent dominance of US digital platforms relates to strategies that can be justified on efficiency grounds. However, these strategies might also offset competition and have ambiguous welfare effects. Overall, though, the economic literature does not provide a clear theoretical ground for a systematic regulation of their dominance, rather it advocates a targeting of specific unlawful anticompetitive practices. The examination of the rationale of major antitrust cases vis-à-vis global digital platforms suggests that EU authorities should adjust their doctrine and practice of competition policy to make it closer to the US approach. This realigning would serve the purpose of building a competitive EU digital ecosystem and a more balanced and efficient worldwide competition between all digital providers. In addition, EU competition authorities should also support price caps as welfare enhancing forms of cooperation, which could allow the emergence of platform pricing strategies within competitive markets and not only within monopolies.

Mergers, Merger Control, and Remedies

Author : John Kwoka
Publisher : MIT Press
ISBN 13 : 0262028484
Total Pages : 283 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis Mergers, Merger Control, and Remedies by : John Kwoka

Download or read book Mergers, Merger Control, and Remedies written by John Kwoka and published by MIT Press. This book was released on 2015 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of merger outcomes based on all empirical studies, with an assessment of the effectiveness of antitrust policy toward mergers. In recent decades, antitrust investigations and cases targeting mergers—including those involving Google, Ticketmaster, and much of the domestic airline industry—have reshaped industries and changed business practices profoundly. And yet there has been a relative dearth of detailed evaluations of the effects of mergers and the effectiveness of merger policy. In this book, John Kwoka, a noted authority on industrial organization, examines all reliable empirical studies of the effect of specific mergers and develops entirely new information about the policies and remedies of antitrust agencies regarding these mergers. Combined with data on outcomes, this policy information enables analysis of, and creates new insights into, mergers, merger policies, and the effectiveness of remedies in preventing anticompetitive outcomes. After an overview of mergers, merger policy, and a common approach to merger analysis, Kwoka offers a detailed analysis of the studied mergers, relevant policies, and chosen remedies. Kwoka finds, first and foremost, that most of the studied mergers resulted in competitive harm, usually in the form of higher product prices but also with respect to various non-price outcomes. Other important findings include the fact that joint ventures and code sharing arrangements do not result in such harm and that policies intended to remedy mergers—especially conduct remedies—are not generally effective in restraining price increases. The book's uniquely comprehensive analysis advances our understanding of merger decisions and policies, suggests policy improvements for competition agencies and remedies, and points the way to future research.

Digital Dominance

Author : Martin Moore
Publisher : Oxford University Press
ISBN 13 : 0190845120
Total Pages : 441 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Digital Dominance by : Martin Moore

Download or read book Digital Dominance written by Martin Moore and published by Oxford University Press. This book was released on 2018 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, Google, Amazon, Facebook, Apple and Microsoft have accumulated power in ways that existing regulatory and intellectual frameworks struggle to comprehend. A consensus is emerging that the power of these new digital monopolies is unprecedented, and that it has important implications for journalism, politics, and society. It is increasingly clear that democratic societies require new legal and conceptual tools if they are to adequately understand, and if necessary check the economic might of these companies. Equally, that we need to better comprehend the ability of such firms to control personal data and to shape the flow of news, information, and public opinion. In this volume, Martin Moore and Damian Tambini draw together the world's leading researchers to examine the digital dominance of technologies platforms and look at the evidence behind the rising tide of criticism of the tech giants. In fifteen chapters, the authors examine the economic, political, and social impacts of Google, Amazon, Facebook, Apple, and Microsoft, in order to understand the different facets of their power and how it is manifested. Digital Dominance is the first interdisciplinary volume on this topic, contributing to a conversation which is critical to maintaining the health of democracies across the world.

Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing

Author : Bruce Kilpatrick
Publisher : Springer Nature
ISBN 13 : 303107422X
Total Pages : 463 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by : Bruce Kilpatrick

Download or read book Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing written by Bruce Kilpatrick and published by Springer Nature. This book was released on 2022-12-07 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

U.S. Senate Testimony for Hearing on 'Reining in Dominant Digital Platforms

Author : Daniel Francis
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis U.S. Senate Testimony for Hearing on 'Reining in Dominant Digital Platforms by : Daniel Francis

Download or read book U.S. Senate Testimony for Hearing on 'Reining in Dominant Digital Platforms written by Daniel Francis and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress ought not enact the American Innovation and Choice Online Act, nor the Open App Markets Act in its current form. Instead, Congress should support antitrust enforcement and consider platform rules that would protect consumers from anticompetitive practices, while allowing desirable conduct.In particular, the current draft of AICOA would deter many desirable practices, including product improvements and conduct for the protection of users. Qualifying provisions (including a "harm to competition" test and the availability of affirmative defenses) appear too weak and narrow to resolve these concerns. In addition, the breadth and vagueness of AICOA's other provisions seem likely to result in an avalanche of litigation and confusion.The current draft of OAMA represents a more promising basis for legislation. Some of its provisions -- including a ban on app price MFN for platforms with market power, and certain transparency requirements -- could benefit consumers. But OAMA's other provisions raise serious concerns. In particular, forcing third-party app stores into digital ecosystems seems likely to result in significant consumer harm.Congress has many options for promoting competition and protecting consumers. Instead of enacting AICOA and OAMA, Congress could fully fund federal and state antitrust enforcement, modernize antitrust doctrine, and consider targeted platform regulations that would prohibit practices by businesses with significant market power that would harm competition and consumers.

Digital Platforms, Competition Law, and Regulation

Author : Kalpana Tyagi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509969381
Total Pages : 297 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Digital Platforms, Competition Law, and Regulation by : Kalpana Tyagi

Download or read book Digital Platforms, Competition Law, and Regulation written by Kalpana Tyagi and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Antitrust and Digital Platforms

Author : World Bank Group
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (128 download)

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Book Synopsis Antitrust and Digital Platforms by : World Bank Group

Download or read book Antitrust and Digital Platforms written by World Bank Group and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The pace at which markets are evolving, thanks to the accelerated adoption of digital technologies, poses important challenges to competition law and its enforcement. This work aims to support this process by building an understanding of the experiences of competition authorities in deciding on competition enforcement cases in the digital economy. This note analyzes the global digital antitrust database of the markets, competition, and technology unit (the MCT DAD or the database) and provides a summary of key patterns and trends in antitrust in the digital economy (and specifically in relation to digital platforms firms). This database aims to be a holistic source of information on abuse of dominance, anticompetitive agreements, and merger cases involving digital platforms, which have been finalized by antitrust authorities worldwide. It also identifies some risks to competition arising from various digital platform business models in different sectors and generates learnings for antitrust authorities globally on the approach to assessing such cases. The analysis contributes to the discussion and learning on competition assessments in the digital economy. The data also show how different sectors may be prone to different types of anticompetitive behavior, depending on the typical business models of digital platforms. Antitrust authorities in less developed countries should be encouraged to participate more actively in the debate on data protection and privacy as a dimension of competition. Finally, authorities should continue to strive to make their decisions public and provide clarity about the factors justifying their decisions.

Competition Law for the Digital Economy

Author : Björn Lundqvist
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971833
Total Pages : 400 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Competition Law for the Digital Economy by : Björn Lundqvist

Download or read book Competition Law for the Digital Economy written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.

Natural Monopolies in Digital Platform Markets

Author : Francesco Ducci
Publisher : Cambridge University Press
ISBN 13 : 1108491146
Total Pages : 203 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Natural Monopolies in Digital Platform Markets by : Francesco Ducci

Download or read book Natural Monopolies in Digital Platform Markets written by Francesco Ducci and published by Cambridge University Press. This book was released on 2020-07-23 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through three case studies, this book investigates whether digital industries are naturally monopolistic and evaluates policy approaches to market power.

The Roles of Innovation in Competition Law Analysis

Author : Paul Nihoul
Publisher : Edward Elgar Publishing
ISBN 13 : 1788972449
Total Pages : 421 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Roles of Innovation in Competition Law Analysis by : Paul Nihoul

Download or read book The Roles of Innovation in Competition Law Analysis written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.

The Control of Platforms

Author : Simon Digby
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Control of Platforms by : Simon Digby

Download or read book The Control of Platforms written by Simon Digby and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A common story prevails that suggests dynamic markets long ago displaced the need for regulating large firms by way of tougher antitrust enforcement. Presently, however, an outpouring of academic and popular literature is calling for tougher antitrust enforcement in order to protect smaller competitors from large digital platforms, such as Amazon, Facebook, and Google. Even if the platforms are not pure monopolies, their market power can have harmful economic effects, such as reducing innovation and increasing the likelihood of anticompetitive conducts in the markets that the platforms dominate. In this essay I research the modern evolution of the U.S. antitrust laws and I argue for introducing new policies to strengthen them and mitigate foreseeable risks in the future. This essay includes three parts.In section one I show how the current framework in antitrust law emphasizes a consumer welfare goal, which relies heavily on Neoclassical Price Theory (more commonly referred to as “microeconomics”). I also argue that modern antitrust enforcement is quite narrow, which reflects the ascendancy and persistence of a specific interpretation of the term “consumer welfare.”In section two I argue that the current antitrust framework is too narrow to combat restraints of trade and anticompetitive practices in important digital sectors. More specifically, I argue the following: (1) the initial burden of proof, which plaintiffs must produce, prohibits basic analyses in court and makes the laws unpredictable even for specialists; (2) the removal of structural presumptions in merger law has enabled platforms to undertake anticompetitive growth strategies (i.e. acquiring nascent competitors); and (3) dominant platforms benefit disproportionately from network effects that strengthen their positions--e.g. advertisers, websites, and online retailers are reluctant to migrate to alternative platforms due to high 'switching' and 'homing' costs. In addition, platforms are given special status through a recent Supreme Court ruling--Ohio v. American Express--which only aggravates the concern that Amazon, Facebook and Google are unfairly exempted from regulation.In section three I discuss several proposals aimed at protecting innovation and deterring anticompetitive conducts by dominant platforms for all business operations in the United States.