US: Third FTC’s 21st Century hearings to start Monday

The Federal Trade Commission is holding the third session of the Hearings initiative, an event co-sponsored with the Global Antitrust Institute and held at the Antonin Scalia Law School of George Mason University in Arlington, Virginia, on October 15-17, 2018.

The three-day event will examine the potential for collusive, exclusionary, and predatory conduct in multi-sided, technology-based platform industries.  The sessions will also examine antitrust frameworks for evaluating acquisitions of nascent competitors or occurring in nascent markets, including in the technology and digital marketplace; and the approach to addressing antitrust issues regarding labor markets.

The Commission invites public comment on these issues, including, the questions listed below.

Multi-Sided Platforms (October 15, 16, and 17):

  1. What are the defining characteristics of multi-sided platforms? Is there a way to distinguish between multi-sided and single-sided businesses? Are any adjustments to antitrust analysis necessary to account for any special characteristics of multi-sided businesses?
  2. How should the courts and agencies define relevant antitrust markets and measure market power for multi-sided platform businesses?
  3. What is the relevance of network effects (direct and indirect) in multi-sided platform markets?
  4. How should the courts and agencies evaluate exclusionary conduct by firms competing in multi-sided platform markets, including predatory pricing, vertical restraints, most-favored nation
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