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.
Featured News
UK’s CMA Investigates Ardonagh’s Atlanta Group and Markerstudy Merger
Jan 31, 2024 by
CPI
Greenberg Traurig Grow Financial Regulatory and Compliance Practice
Jan 31, 2024 by
CPI
Dutch Regulator Fines Uber €10 Million for Privacy Violations
Jan 31, 2024 by
CPI
DOJ Investigates AI Competition, Eyes Microsoft’s OpenAI Deal: Bloomberg
Jan 31, 2024 by
CPI
Japanese Regulator Approves Korean Air’s Merger with Asiana Airlines
Jan 31, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – The Rule(s) of Reason
Jan 29, 2024 by
CPI
Evolving the Rule of Reason for Legacy Business Conduct
Jan 29, 2024 by
CPI
The Object Identity
Jan 29, 2024 by
CPI
In Praise of Rules-Based Antitrust
Jan 29, 2024 by
CPI
The Future of State AG Antitrust Enforcement and Federal-State Cooperation
Jan 29, 2024 by
CPI