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Northwestern Pritzker School of Law

Northwestern Journal of Technology and Intellectual Property

Antitrust and Trade Regulation

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About-Face: How Facebook’S Restrictions On User Posts Could Violate Antitrust Law, Efrem Berk Apr 2023

About-Face: How Facebook’S Restrictions On User Posts Could Violate Antitrust Law, Efrem Berk

Northwestern Journal of Technology and Intellectual Property

This Note examines whether Facebook’s restrictions on its users’ posts are subject to Sherman Act § 2. This Note looks at the economic activity generated by social media activity and argues that posts are commerce. While this piece finds that current antitrust jurisprudence likely favors Facebook, an alternative approach sought by some antitrust scholars could influence judges to preclude the platform’s restrictions.