Posted by D. Daniel Sokol
Christopher S. Yoo (University of Pennsylvania Law School) analyzes When Antitrust Met Facebook
ABSTRACT: Social networks are among the most dynamic forces on the Internet, increasingly displacing search engines as the primary way that end users find content and garnering headlines for their controversial stock offerings. In what may be considered a high-technology rite of passage, social networking companies are now facing monopolization claims under the antitrust laws. This Article evaluates the likely success of these claims, identifying considerations in network economics that may mitigate a finding or market power and evaluating whether a social network’s refusal to facilitate data portability can constitute exclusionary conduct. It also analyzes two early private antitrust law cases against social networking sites: LiveUniverse v. MySpace and Facebook v. Power Ventures. These analytical considerations and early case underscore the importance of requiring that antitrust claims be asserted in terms of a coherent economic theory backed by empirical evidence. Permitting looser assertions of anticompetitive conduct risks protecting competitors instead of competition.
Featured News
Senator Warner Calls for Treasury Oversight on Big Tech Sanctions
Jan 29, 2024 by
CPI
Canada’s Industry Minister Targets Grocery Giants with Antitrust Changes
Jan 29, 2024 by
CPI
DOT Issues Provisional Ruling Ending Delta-Aeroméxico Partnership
Jan 29, 2024 by
CPI
US Targets China with Proposed Rules on Cloud Giants in AI Development
Jan 29, 2024 by
CPI
Australia’s ACCC Finds Limited Evidence of Profiteering in Childcare Sector Despite Soaring Fees
Jan 29, 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