big tech

Alexandros Kazimirov discusses how Nvidia’s quasi-merger with Groq resembles a familiar pattern of regulatory evasion that Google, Microsoft, and Amazon have adopted with emerging artificial intelligence companies. He notes that his proposed remedy that was available to antitrust enforcers in the large language model market is not applicable to chip manufacturers like Nvidia.

Mihir Kshirsagar argues that the evidence presented in FTC v. Meta shows that discussions about the application of First Amendment protections to social media must go beyond the binary set in Moody v. NetChoice between treating them as common carriers or editorial agents. Rather, a commercial conduct framework is needed to understand how speech operates on platforms designed to maximize user attention and ad revenue.

For the first time in the history of mobile phones, Americans will be able to access a variety of app stores on Android phones, following game developer Epic Games’ legal victory over Google. Fiona Scott Morton and Nick Jacobson discuss how Google may try to undermine the court’s remedies to stifle competition and how both American and European regulators can respond to protect competition.

In recent research, Brian Broughman, Matthew Wansley, and Samuel Weinstein examine how startups are changing their traditional exit strategies in response to more stringent antitrust enforcement. Many startups are adopting alternative strategies to stay private longer, ultimately raising new questions for competition policy. 

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.

Large AI firms like OpenAI and Amazon are licensing content to train their models that they might otherwise have been able to access for free under the fair use doctrine. Mark A. Lemley and Jacob Noti-Victor write that this behavior may constitute anticompetitive acquiescence—where large firms agree to license content they don’t have to in order to raise rivals’ costs.

Roslyn Layton examines the recent Amazon Web Services outage and compares it with last year’s CrowdStrike outage to illustrate differences in scope, responsibility, and systemic impact. She argues that cloud providers should contribute to the Universal Service Fund, ensuring financial contribution to resilience and critical infrastructure for essential services.

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.

The Google Search monopoly case focused on how Google’s agreements with Apple to set Google Search as the exclusive default search engine on Apple’s mobile devices allowed Google to solidify its monopoly in internet search. However, a less-explored dimension of these agreements is how they likewise fortified Apple’s monopoly power in the smartphone market, writes Steven C. Salop.