Platforms and Antitrust

As data-driven platforms play an increasing role in the economy, it should come as no surprise that they have attracted significant regulatory attention in recent years. In August of 2020, the House wrapped up an investigation into antitrust issues surrounding the digital platforms, and it is widely reported that the FTC, DOJ, and state AGs are investigating Google, Facebook, and Amazon.

One issue that policymakers are grappling with is the role that data should play in antitrust analysis. Do current antitrust laws need to be updated to deal with platforms that charge nothing, but use consumer data to generate revenue? What role do direct and indirect networks effects play in addressing competitive concerns? And when can consumer data be used as a strategic asset?

Panelists:

Howard Shelanski, Partner, Davis Polk & Wardwell LLP; Professor of Law, Georgetown University Law Center

Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science, University of Pennsylvania Carey Law School and Director, Center for Technology, Innovation & Competition

John M. Yun, Assistant Professor of Law, George Mason University Antonin Scalia Law School and Director of Economic Education, Global Antitrust Institute

Moderator: James C. Cooper, Professor of Law, George Mason University Antonin Scalia Law School and Director, Program on Economics & Privacy