Fiona Scott Morton and David Dinielli show how landmark antitrust cases historically have cleared the path for innovation in the next “frontier technology.” But with closing arguments in the search monopoly case just days away, Google threatens to evade this round of rigorous new competition. It reportedly is in talks to place its own artificial intelligence tool on Apple devices as it did in the case of search. Such a maneuver would entrench Google’s search monopoly and place Google in the driver’s seat to steer the development of consumer-facing AI. The authors offer up a menu of steps the government might take now to thwart Google’s new anticompetitive strategy and preserve competition in AI before it’s too late.
The European Commission has fined Apple for abusing its App Store. The Commission did not mention Spotify, but the fine appears to answer the music streaming platform’s complaint that Apple’s App Store fees to developers are too high. But now that Spotify has seen Apple’s new approach under Europe’s new Digital Markets Act, Spotify is still unhappy, highlighting the flaws of Spotify’s original complaint and the Commission’s fine, writes Randy Picker.
Following the Federal Trade Commission’s 2021 publication of “Nixing the Fix: An FTC Report to Congress on Repair Restrictions,” private “right to repair” cases have multiplied against companies that leverage their market power in a “primary equipment market” (e.g., tractors) to force their customers also to purchase their offerings in “aftermarkets” (e.g., tractor repairs) that otherwise would be competitive. Daniel McCuaig argues that the application of the 1992 Supreme Court decision in Eastman Kodak Co. v. Image Technical Services, Inc. to these cases misunderstands that case and improperly shields monopolists from competitive pressures, including in Epic’s recent case against Apple.
The growing consensus that Big Tech platforms need to be restrained creates a unique opportunity for international cooperation among antitrust enforcers. The complexity of...
The Senate looks to be nearing a vote on the American Innovation and Choice Online Act, which would prohibit gatekeeping digital platforms from favoring...
A new paper from Erik Hovenkamp outlines pitfalls contained in newly proposed antitrust reform legislation that targets Big Tech companies. He proposes remedies and...
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...
A new paper analyzes antitrust investigations and private litigation initiated against the Google and Apple app stores, exploring how the main anticompetitive practices within...
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...