Ownership

Assistant Attorney General for Antitrust Makan Delrahim shot down the idea that new antitrust laws are necessary to address large tech companies, telling an audience of industry leaders that existing rules are ”perfectly equipped, at least for now.” Critics argue that tech companies have amassed significant market power through their vast networks of users and pools of data, but that their dominance is overlooked because their services are free or inexpensive. Delrahim contends, however, that price isn’t the only way government officials can measure how firms affect consumers.

This blog post addresses how the business side of journalism needs to evolve to maintain sustainable news production necessary for a healthy democracy. I discuss the basic business models for supporting journalism that have endured throughout the last few centuries of technological change, how these may be successfully adapted to the 21st Century, and what policies would facilitate the transition to these new models.

Brandeis’s view of progressive governance meant that the government could improve itself and the lot of its people. The Brandeisian approach to competition has five parts; together they comprise the framework for progressive governance in the field of competition. 1. Antitrust and Social Issues. 2. Translating Social Issues Statutory Commands. 3. The Institutional Approach. 4. The Role of Competition. 5. The Spirit of Experimentation. Louis Brandeis viewed America itself as an experiment.

The United Kingdom is targeting the likes of Alphabet and Facebook by introducing a digital services tax that aims to raise about $500 million a year for the government. UK Chancellor of the Exchequer Philip Hammond unveiled the measure in his Autumn Budget. He said it was designed to hit the largest internet businesses, not start-ups. It would affect profitable companies with annual revenues that exceed about $640 million, he said.

Telecommunication companies AT&T and Verizon are both pursuing a strategy that marries content and distribution. But they are taking two different approaches and, so far, seeing radically different results. Verizon admitted that its media arm, Oath — which consists of AOL, HuffPost, Yahoo and other digital brands — is struggling to drive revenue.

With publication of Louis Brandeis: A Man for This Season by the Colorado Technology Law Journal, Jon Sallet and the Benton Foundation are offering this new series adapted from that article to demonstrate that progressive competition policy incorporated both the goals and the means that Brandeis believed would provide the strongest tools to fight against the trusts and the monopolies of his day.

Amid growing concern over the power of such behemoths as Amazon, Google, Facebook, and other tech giants, in recent months there’s been a bipartisan push for better enforcement of antitrust rules–with even President Trump saying in August that their size and influence could constitute a “very antitrust situation.” The Federal Trade Commission has launched its most wide-ranging study of corporate concentration in America in more than 20 years with a series of hearings being held around the country.

In a brief filed in court, AT&T argues that the Department of Justice used bad numbers to come to the wrong conclusion about AT&T-Time Warner merger and a lower court was right to reject that conclusion and allow the deal. AT&T pointed out in its brief to the US Court of Appeals for the DC Circuit that, "in the crucible of litigation, DOJ's claims were exposed to be both narrow and fragile," and ultimately fell apart. "Relying primarily on a theoretical model that purports to simulate the bargaining dynamics between programmers and pay-TV distributors, DOJ sought to prove that t

The Federal Trade Commission this week held another set of hearings on Competition and Consumer Protection in the 21st Century. The hearings and public comment process this Fall and Winter will provide opportunities for FTC staff and leadership to listen to experts and the public on key privacy and antitrust issues facing the modern economy. The hearings are intended to stimulate thoughtful internal and external evaluation of the FTC’s near- and long-term law enforcement and policy agenda.