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...
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.
Karina Montoya reflects on the end of the remedies phase of the Department of Justice’s case against Google for monopolizing the online search market. She argues that Google’s warnings against divestiture of its browser, Chrome, fall short and that a breakup will benefit the security of the internet, innovation, and users.
Georgios Petropoulos, Geoffrey Parker and Marshall Van Alstyne review what the Meta antitrust case reveals about its merger and acquisition strategy and what lessons...
Joseph Price writes that how the court in the Meta antitrust case determines the relevant product market may have implications for merger activity among television broadcasters, who have similarly argued that the regulators and courts use outdated market definitions to block consolidation.