Platforms

Our working definition of a digital platform (with a hat tip to Harold Feld of Public Knowledge) is an online service that operates as a two-sided or multi-sided market with at least one side that is “open” to the mass market

Federal Trade Commission expands antitrust powers in Chair Lina Khan’s first open proceeding

The Federal Trade Commission passed a pair of pivotal measures expanding its power to regulate anti-competitive business practices, setting the stage for a more aggressive enforcement approach from the embattled agency. In the most aggressive effort, the commission voted to rescind a 2015 “Statement of Enforcement Principles” that restricted the FTC Act’s prescriptions on “unfair methods of competition” to explicit violations of existing antitrust law (specifically the Sherman and Clayton Acts). The vote proceeded along party lines, passing 3-2 with Democrats in the majority.

What does breaking up Big Tech really mean?

Over the past four or five years, scholars, politicians, and public advocates have begun to push a new idea of what antitrust policy should be, arguing that we need to move away from a narrow focus on consumer welfare—which in practice has usually meant a focus on prices—toward consideration of a much wider range of possible harms from companies’ exercise of market power: damage to suppliers, workers, competitors, customer choice, and even the political system as a whole.

Big Tech lobby looks to moderate Democrats to defeat antitrust regulations

Democratic members of the House of Representatives have attacked a package of measures being promoted by members of the House Antitrust Subcommittee, as opposition builds to radical proposals that some hope could lead to the break-up of Big Tech. The rift shows how difficult it will be to enact a big shake-up of US antitrust laws, even as President Joe Biden considers signing his own executive order to strengthen regulators’ powers to promote competition in their sectors.

Federal judge blocks Florida law that would penalize social media companies

US District Judge Robert Hinkle of the Northern District of Florida blocked a Florida law that would penalize social media companies for blocking a politician’s posts, a blow to conservatives’ efforts to respond to Facebook and other websites’ suspension of former president Donald Trump. The law was due to go into effect July 1, but in issuing a preliminary injunction, the judge suggested that the law would be found unconstitutional. “The plaintiffs are likely to prevail on the merits of their claim that these statutes violate the First Amendment,” Judge Hinkle wrote.

US House antitrust bills could change the internet as we know it. Here's how

Congress is poised to move forward with a series of sweeping bills meant to rein in big tech companies. In the process, it's creating new questions about the future of the digital economy. That massive tech companies should be regulated more heavily is a rare point of bipartisan agreement in Washington; the push comes as existing antitrust laws are also being tested against several of the biggest companies in ongoing court battles.

Federal court dismisses FTC's antitrust complaint against Facebook

A district court in DC dismissed the Federal Trade Commission’s antitrust complaint against Facebook, saying the agency had failed to offer enough facts to prove Facebook has monopoly power in the social media industry. The court said the FTC could file an amended complaint with more details to bolster its case, but the judge voiced outright skepticism that Facebook is a monopoly. “It is almost as if the agency expects the Court to simply nod to the conventional wisdom that Facebook is a monopolist,” District Judge James E.

Google wins over critics to build a megacampus in San Jose

The San Jose City Council approved Google’s plan for a mixed-use megacampus that spans 80 acres and 7.3 million square feet of office space in the heart of California’s third-largest city.

Investor Gives $100 Million to Build a Fairer Internet

Frank McCourt Jr. gave $100 million to launch Project Liberty, a new nonprofit organization that aims to develop ideas to make the internet more equitable. Of the total, $75 million will create the McCourt Institute, which will advance the development of technology solutions to solve some of the problems that have flourished through internet platforms.

California Democrats clash over tech antitrust fight

California Democrats are clashing with members of their party over a package of antitrust bills targeting the top tech companies in the country. Democratic representatives from California on the House Judiciary Committee, particularly those representing tech-heavy Bay Area districts, voted against the majority of their colleagues over the past two days on five antitrust bills that seek to rein in the market power of Amazon, Apple, Facebook and Google. The stiff opposition from the California delegation may cause further hurdles as the legislation heads to the House floor, with moderate and

Google, Facebook Pressure Falls Short as Antitrust Measures Advance in House Committee

The House Judiciary Committee approved far-reaching legislation to curb the market dominance of tech giants, including Google and Facebook, but much of the effort faced intensive lobbying by affected firms that slowed the committee’s work and foreshadowed a pitched battle in the Senate. The centerpiece of the six-bill package, a measure to bar big tech companies from favoring their own products in a range of circumstances on their platforms, was ap