Are U.S. digital markets advancing, or threatening, the American economy? There is keen interest in the answer to this question. Sweeping changes have disrupted society courtesy of the Information Revolution, presenting great opportunities in radically transformed economic markets but also great...

After a three-year investigation the German Competition Authority found Facebook's data policy abusive. In the authority's assessment, by making the use of its social-networking service conditional upon users granting extensive permission to collect and process their personal data, Facebook...

The Facebook, Inc. (“Facebook”) social network, this era's new communications service, plays an important role in the lives of 2+ billion people across the world. Though the market was highly competitive in the beginning, it has since consolidated in Facebook's favor. Today, using Facebook...

Dominant digital platforms such as Google and Facebook collect personal information of users by default precipitating a market failure in the market for personal information. We establish the economic harms from the market failure. We discuss conditions for eliminating the market failure and...

The DOJ and FTC monopolization cases against Google and Facebook, respectively, represent the most important federal non-merger antitrust initiatives since (at least) the 1990s. As in any monopolization case, market delineation will be a central feature of both cases – as it was in the du Pont...

This Article advances a novel theoretical model for assessing policy interventions against Facebook. As prosecutors barrel forward against digital platforms, soon it will fall upon courts and, eventually, regulators to devise remedies. We argue that any sensible solution must include...

An increasing number of jurisdictions are considering adjustments to their competition policy framework to reflect the unique challenges of digitalization. Indeed, several studies have been formally commissioned on the subject. While their legal context, focus and findings vary significantly;...

Dominant or apparently dominant internet platform increasingly become subject to both antitrust investigations and further-reaching political calls for regulation. While Google is currently in the focus of the discussion, the next candidate is already on the horizon - the ubiquitous online...

The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of so-called gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...

The ministerial proposal for a 10th amendment of the German competition law particularly addresses abuse control and seeks to tighten this pillar of competition policy against the background of the challenges from the digital economy. Next to extending the classic policy instruments of abuse...