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Articles 1 - 8 of 8
Full-Text Articles in Law
Cookies, Pop-Ups And Commercials: How Tech Companies' Privacy Promises Are Preserving Their Data Dominance, Cailley Lapara
Cookies, Pop-Ups And Commercials: How Tech Companies' Privacy Promises Are Preserving Their Data Dominance, Cailley Lapara
Capstones
As antitrust sentiment focused on Big Tech from regulators and consumers grows, companies like Google and Apple and more have announced plans to move away from the behavioral ad business model that brought the companies to the size they are today. This trend is marketed to customers as a way to address their growing concerns over privacy and data collection. It also comes as the companies face sweeping antitrust litigation and legislation that would break up the firms. But the companies' claims of moving towards privacy are sketchy at best, and appear to serve as a way for the companies …
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Indiana Law Journal
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
Government, Big Tech, And Individual Liberty, Romaine Miller, Johnny B. Davis
Government, Big Tech, And Individual Liberty, Romaine Miller, Johnny B. Davis
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The thesis is that the first principles of the Founding Fathers express in the Declaration give the proper guidance for dealing with the impact of high tech on individual liberty.
The Relationship Between Privacy And Antitrust, Maurice Stucke
The Relationship Between Privacy And Antitrust, Maurice Stucke
Scholarly Works
This Essay recaps the policymakers’, enforcers’, and scholars’ thinking on the relationship between antitrust and privacy. Currently, the thinking is that improving privacy protection is a necessary, but not sufficient, step to address some of the risks posed by these data-opolies and deter data hoarding, a key source of their power.
The policies proposed in Europe, Asia, Australia, and North America as of early 2022 all assume that with more competition, privacy and well-being will be restored. In looking at the reforms proposed to date, policymakers and scholars have not fully addressed several fundamental issues.
One issue is whether more …
The Impact Of Amex And Its Progeny On Technology Platforms, Kacyn H. Fujii
The Impact Of Amex And Its Progeny On Technology Platforms, Kacyn H. Fujii
Michigan Law Review
Big Tech today faces unprecedented levels of antitrust scrutiny. Yet antitrust enforcement against Big Tech still faces a major obstacle: the Supreme Court’s 2018 decision in Ohio v. American Express. Popularly called Amex, the case imposed a higher initial burden on antitrust plaintiffs in cases involving two-sided markets. Two-sided markets connect two distinct, noncompeting groups of customers on a shared platform. These platforms have indirect network effects, meaning that one group of customers benefits when more of the second group of customers joins the platform. Two-sided markets are ubiquitous in the technology sector, encompassing social media, search engines, …
The Bipartisan Consensus On Big Tech, Roger P. Alford
The Bipartisan Consensus On Big Tech, Roger P. Alford
Journal Articles
This Article contends that there is an emergent bipartisan consensus that Big Tech has grown too powerful and that action must be taken to address its abuse of power. That action takes the form of a variety of legislative proposals to enhance government enforcement powers, reform the merger laws, and address self-preferencing, data portability, and interoperability. Litigation efforts focus on Facebook and Google’s abuse of monopoly power, particularly with respect to Facebook’s elimination of competition through acquisitions and Google’s abuse of monopoly power in search and display advertising. While we are in the midst of one of the most divisive …
The Hidden Harms Of Privacy Penalties, Mary D. Fan
The Hidden Harms Of Privacy Penalties, Mary D. Fan
Articles
How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …
Regulating Big Tech: Lessons From The Ftc’S Do Not Call Rule, William E. Kovacic, David A. Hyman
Regulating Big Tech: Lessons From The Ftc’S Do Not Call Rule, William E. Kovacic, David A. Hyman
GW Law Faculty Publications & Other Works
Big Tech (Amazon, Apple, Facebook, and Google) is under regulatory assault. Cases have been brought against each of these companies in multiple countries around the world, but there is an emerging consensus that more needs to be done – most likely in the form of ex ante regulation that prescribes rules of conduct for dominant information platforms. The European Union and the United Kingdom are well on the way to establishing such frameworks, and the United States appears poised to undertake similar measures in the coming years. Most of the debate has focused on the case for ex ante regulation …