Data protection is a popular topic of discussion these days, but it is too often and too easily lumped into antitrust conversations. Antitrust enforcement has a specific role that is clearly defined in terms of competition and cannot be used to resolve concerns around data protection. Some of the key reasons data protection is separate […]
In recent weeks, members of Congress and anti-tech crusaders have called for stringent antitrust action against leading tech services in the name of protecting competition. During the House Judiciary Committee hearings on digital markets, witnesses and Members of Congress praised big tech companies for enabling startups, providing free tools that consumers love, and innovating new […]
Despite recent rhetoric calling for an overhaul of our mergers and acquisition framework, it’s important to remember that antitrust is built to work in times of crisis as well. Our antitrust framework has long provided resilience and protection for those who need it. In a time of such uncertainty, U.S. antitrust law remains tried and […]
Anti-tech crusaders too often cry “kill zone” — despite clear evidence that today’s tech climate encourages startup activity, rather than stifling it. The myth of the “kill zone” alleges that due to an overly concentrated tech market, venture capital funding is stifled for startups and small businesses. The theory holds that leading tech services often […]
Earlier today, the House Judiciary Committee held a hearing regarding data privacy and competition. While some panel participants argued that competition and privacy law should be conflated, it’s important to remember that practitioners and policy experts alike agree there are strong, evidence-based reasons to keep them separate: — Data is not essential for companies to […]
With the heightened rhetoric surrounding America’s leading tech services, it’s important to remember that structural antitrust actions against the tech industry are not a priority for the American people. Take a look at the polling below: Americans don’t believe action against the tech industry should be a priority. Morning Consult/Advertising Week Poll (August 2019): Tech […]
Recent commentary on the digital ad space ignores the robust competition between advertising platforms, online and offline. The facts are clear: The competition for ad spend is heating up, driving down costs and benefiting consumers. —Ad tech is a burgeoning sector—so much so that publishers are getting in on the action. —Digital advertising and ad […]
As Congress and the administration consider new antitrust investigations into America’s leading technology companies, it is essential that rhetoric doesn’t get in the way of the facts. Here are three things to keep in mind: —The consumer welfare standard is the ruler to measure antitrust. —Consumers recognize the value leading tech services provide them and […]
Despite the rhetoric of Facebook co-founder Chris Hughes’ New York Times op-ed, his arguments should be considered alongside the comments of antitrust and competition experts, who have noted two key points: —Where Hughes sees no alternatives to Facebook, the reality is that consumers have a dynamic set of options, with product innovation driven by competition. […]
While a handful of policymakers have made similar comments to Sen. Elizabeth Warren’s (D-Massachusetts) proposal to “break up” big tech, University of Pennsylvania law professor and antitrust expert Herbert Hovenkamp makes a strong argument for why these proposals could backfire, harming consumers and labor. Hovenkamp warns, “Although the proposals sound simple, they mask complex issues […]
Hostility to innovation and technology diminishes the incredible Internet-enabled opportunities that leading tech services provide: empowering consumers, driving prices down and increasing choice, and providing platforms to help entrepreneurs grow their businesses. It has given us a golden era of entertainment, knowledge, and everything from fashion startups, to booming mom and pop stores, to the latest app.
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