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The Antitrust Agencies’ Focus on Monopolization Claims Against Big Tech Dilutes the Meaning of Monopoly

The various antitrust complaints the Department of Justice and the Federal Trade Commission have brought against Google, Amazon, and Facebook are based on monopolization claims under Section 2 of the Sherman Act. Herbert Hovenkamp explains why the government should also  have relied on Section 1 of the Sherman Act and Section 7 of the Clayton Act to support their Big Tech cases.

Big Tech Calls for Agency Heads To Recuse Are a Groundless and Cynical Strategy To Obstruct Enforcement

Big Tech’s efforts to push Federal Trade Commission Chair Lina Khan and Assistant Attorney General Jonathan Kanter to recuse themselves from participating in lawsuits against the companies due to prior work have no legal basis and are naked efforts to weaken agency enforcement, writes Laurence Tribe.

The Needless Desertion of Robinson-Patman

ProMarket is kicking-off a discussion of the Robinson-Patman Act (RPA), an antitrust law preventing price discrimination that hasn't been enforced in decades. Erik Peinert...

Private Labels in Online Marketplaces

On their store shelves, Walmart has its own products under the "Great Value” brand, and Tesco has its own “Everyday Value” products. Is Amazon...

Bolsonaro’s reelection may become a setback for ESG in Brazil

Social pressures, market forces and elected leaders influence corporate decisions on environmental, social and governance (ESG) issues. Journalist Stephanie Tondo examines the state of...

Big Tech ‘Self-Preferencing’ Bills May Hurt—Not Help— Antitrust Reform

A new paper from Erik Hovenkamp outlines pitfalls contained in newly proposed antitrust reform legislation that targets Big Tech companies. He proposes remedies and...

Rep. Ken Buck on the Need for Antitrust Reform: “Big Corporate America Scares People”

In an interview with ProMarket, Republican congressman Ken Buck explains why antitrust enforcement is so crucial to the US economy and American democracy, expands on...

How to Prevent Big Tech From Hindering Pathbreaking Innovation in the Metaverse

The transition to the metaverse presents a technological paradigm shift akin to the shift from desktop computers to smartphones, but today’s dominant platforms will...

Tech Platforms and the Antitrust Duty to Deal

Why is there a widespread view that existing American antitrust law is ill-equipped to address dominant platforms that exclude or discriminate against rivals? How...

What’s Behind Amazon’s Demand that FTC Chair Lina Khan Recuse Herself?

Amazon’s attempt to get Khan to recuse herself from any antitrust investigation into the company is not the first time that a company has...

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