Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide

By Eleanor M. Fox (New York University)

The high tech/big data platforms are under challenge in many parts of the world. The notable enforcement under EU abuse of dominance law has highlighted a US/EU divide in the interpretation of abuse of dominance/monopolization law and has raised questions whether EU law is sufficient or overly aggressive and whether US law is wanting in the ability to bring the big platforms to account, to the extent that antitrust is the relevant tool. This article explains the salient points of divergence between these two bodies of law, confronts the conservative character of the US Sherman Act, considers what dominant platform conduct should be recognized as anticompetitive, and proposes a judicious use of the Federal Trade Commission Act among other suggestions to narrow the US/EU divide.

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