big tech

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.

Drawing on her working paper, Giovanna Massarotto discusses three algorithmic approaches to how Google can fairly and efficiently share its data with rivals per the requirements of a court’s mandated remedy for illegally monopolizing the online search market.

Judge Amit Mehta shaped his remedies in the Google Search case on the assumption that startups developing generative artificial intelligence models can restore competition in internet search. Mihir Kshirsagar analyzes the barriers to entry these startups face—scale, distribution, defaults, data and integration advantages, and content access—to show how Big Tech is still in control of the future of the search industry.

Reed Showalter argues that the suggestion that antitrust can be ringfenced from democracy or the democratic process is erroneous. Antitrust is fundamentally a body...

Erik Hovenkamp and A. Douglas Melamed discuss what Judge Amit Mehta got right and wrong in his remedy decision in the Google Search antitrust case.

Herbert Hovenkamp reviews Epic Games’ lawsuits against Apple and Google for restraining users’ ability to access Epic’s offerings through third-party app stores. A comparison of the two ecosystems sheds light on what remedies would improve benefits to consumers and how the Department of Justice’s own lawsuit against Apple may fare.

As private corporations gain unprecedented control over public data, Americans are losing access to the information that underpins democracy and critical aspects of their lives. D. Victoria Baranetsky argues that this rise of secrecy—driven by the rising value of data and government privatization—demands not just transparency, but a bold commitment to anti-secrecy as essential to democratic governance.

Judge Amit Mehta will shortly provide his remedy to Google’s monopoly in internet search. Fiona Scott Morton and Paul Heidhues argue that the remedy must include a cap on Google’s payments to the mobile phone manufacturers, carriers, and web browsers that propelled its monopoly. Because any outright ban risks harming Google’s current partners in the short term, Judge Mehta should consider pursuing a flexible ban that instead limits the revenue these partners can receive from Google in order to encourage market entry and competition.

Fiona Scott Morton introduces her new book on how regulators and policymakers can promote competition and fairness in digital markets.