big tech

Big Tech’s monopoly over online discourse threatens democracy. "Middleware" promises a path forward by adding competitive, customizable layers of recommendation algorithms. But can middleware...

Mark MacCarthy writes that the case law supports Federal Trade Commission Chair Andrew Ferguson’s charge that collaboration by social media companies on content moderation practices would be anticompetitive collusion. However, the author argues that open and transparent cooperation might actually benefit a troubled internet, and Congress should consider carving out a content-neutral antitrust exemption for platforms in the way it has in the past for broadcast networks.

Alissa Cooper and Zander Arnao argue that a lack of competition in social media has allowed dominant platforms to design algorithms to maximize for...

Utsav Gandhi relates recent developments in the American government’s ban on TikTok and shows how the case maps over broader debates about conflicts between...

Steven C. Salop argues that as part of any remedy outcome from the Google Search case, Google cannot be permitted to enter agreements with...

Some American policymakers have sought to adopt and adapt aspects and principles of the European Union’s Digital Markets Act in an effort to regulate Big Tech giants. In new research, Giovanna Massarotto writes that the principle ideologies driving American and European antitrust, and the broader political economy, renders the DMA and its principles too foreign for American adoption.

Richard R. John recounts how in the twentieth century the once-mighty Bell System, whose descendants include today’s Verizon and AT&T, waged a powerful decades-long public relations campaign, including the funding of history books and research centers, to persuade the public that its success rested in technological imperatives and economic incentives rather than a favorable regulatory landscape. Though the Bell PR campaign failed to stop three highly effective antitrust suits, it succeeded in establishing a story about management, competition, and innovation that many Americans—including several of today’s Big Tech critics—have uncritically repeated.

Steven C. Salop writes that only Google’s full divestiture of its Android operating system can avoid incentives on the part of Android and Google to preference Google’s apps, including its search engine, and stifle competition.

Over the past four years, antitrust scrutiny has increasingly focused on large technology firms. Ginger Zhe Jin and Liad Wagman discuss the complexities of antitrust enforcement and policy in the digital age, highlighting the challenges of promoting innovation while fostering competition, and areas where consumer protection and antitrust are colliding or are set to collide. To that end, the authors identify several key questions that the next administration of the United States should address to better delineate between legal and illegal competitive practices in the digital age, with implications for the broader economy.

Steve Salop explores the basis for warranting strong remedies in the Google Search case and the set of remedies Judge Amit Mehta might consider for restoring competition in the search market by jump-starting the competitive process.