INVESTIGATION of COMPETITION in DIGITAL MARKETS

INVESTIGATION of COMPETITION in DIGITAL MARKETS
Author: United States House of Representatives
Publisher:
Total Pages: 450
Release: 2020-10-06
Genre:
ISBN:

Jerrold Nadler, Chairman, Committee on the Judiciary David N. Cicilline, Chairman, Subcommittee on Antitrust, Commercial and Administrative LawIn June 2019 the Committee on the Judiciary initiated a bipartisan investigation into the state of competition online, spearheaded by the Subcommittee on Antitrust, Commercial and Administrative Law. As part of a top-to -bottom review of the market, the Subcommittee examined the dominance of Amazon, Apple, Facebook, and Google, and their business practices to determine how their power affects our economy and our democracy. Additionally, the Subcommittee performed a review of existing antitrust laws, competition policies, and current enforcement levels to assess whether they are adequate to market power and anticompetitive conduct in digital markets. Over the course of our investigation, we collected extensive evidence from these companies aswell as from third parties - totaling nearly 1.3 million documents . We held seven hearings to review the effects of market power online including on the free and diverse press, innovation, and privacy and a final hearing to examine potential solutions to concerns identified during the investigation and to inform this Report's recommendations .

Investigation of Competition in Digital Markets

Investigation of Competition in Digital Markets
Author: Jerrold Nadler
Publisher:
Total Pages: 449
Release: 2020-10-02
Genre:
ISBN:

In June 2019, the Committee on the Judiciary initiated a bipartisan investigation into the state of competition online, spearheaded by the Subcommittee on Antitrust, Commercial and Administrative Law. As part of a top-to-bottom review of the market, the Subcommittee examined the dominance of Amazon, Apple, Facebook, and Google, and their business practices to determine how their power affects our economy and our democracy. Additionally, the Subcommittee performed a review of existing antitrust laws, competition policies, and current enforcement levels to assess whether they are adequate to address market power and anticompetitive conduct in digital markets.Over the course of our investigation, we collected extensive evidence from these companies as well as from third parties--totaling nearly 1.3 million documents. We held seven hearings to review the effects of market power online--including on the free and diverse press, innovation, and privacy-- and a final hearing to examine potential solutions to concerns identified during the investigation and to inform this Report's recommendations.A year after initiating the investigation, we received testimony from the Chief Executive Officers of the investigated companies: Jeff Bezos, Tim Cook, Mark Zuckerberg, and Sundar Pichai. For nearly six hours, we pressed for answers about their business practices, including about evidence concerning the extent to which they have exploited, entrenched, and expanded their power over digital markets in anticompetitive and abusive ways. Their answers were often evasive and non-responsive, raising fresh questions about whether they believe they are beyond the reach of democratic oversight.Although these four corporations differ in important ways, studying their business practices has revealed common problems. First, each platform now serves as a gatekeeper over a key channel of distribution. By controlling access to markets, these giants can pick winners and losers throughout our economy. They not only wield tremendous power, but they also abuse it by charging exorbitant fees, imposing oppressive contract terms, and extracting valuable data from the people and businesses that rely on them. Second, each platform uses its gatekeeper position to maintain its market power. By controlling the infrastructure of the digital age, they have surveilled other businesses to identify potential rivals, and have ultimately bought out, copied, or cut off their competitive threats. And, finally, these firms have abused their role as intermediaries to further entrench and expand their dominance. Whether through self-preferencing, predatory pricing, or exclusionary conduct, the dominant platforms have exploited their power in order to become even more dominant.To put it simply, companies that once were scrappy, underdog startups that challenged the status quo have become the kinds of monopolies we last saw in the era of oil barons and railroad tycoons. Although these firms have delivered clear benefits to society, the dominance of Amazon, Apple, Facebook, and Google has come at a price.

Investigation of Competition in Digital Markets

Investigation of Competition in Digital Markets
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Antitrust, Commercial, and Administrative Law
Publisher:
Total Pages: 451
Release: 2020
Genre: Antitrust law
ISBN:

"On October 6, 2020, the U.S. House Judiciary Committee's Subcommittee on Antitrust, Commercial, and Administrative Law issued this report on competition in digital markets, with a clear focus on the dominance of the "GAFA"—Google, Apple, Facebook and Amazon. The report is the culmination of a sixteen month investigation launched in June 2019 into the state of online competition. The purpose of the investigation was multifold: to determine the state of competition in digital markets, whether firms are acting anti-competitively, and whether existing antitrust laws, policies, and enforcement levels are sufficient to address these issues."--Abstract.

Market Investigations

Market Investigations
Author: Massimo Motta
Publisher: Cambridge University Press
Total Pages: 411
Release: 2022-01-06
Genre: Business & Economics
ISBN: 1009081462

In many economic sectors – the digital industries being first and foremost – the market power of dominant firms has been steadily increasing and is rarely challenged by competitors. Existing competition laws and regulations have been unable to make markets more contestable. The book argues that a new competition tool is needed: market investigations. This tool allows authorities to intervene in markets which do not function as they should, due to market features such as network effects, scale economies, switching costs, and behavioural biases. The book explains the role of market investigations, assesses their use in the few jurisdictions where they exist, and discusses how they should be designed. In so doing, it provides an invaluable and timely instrument to both practitioners and academics.

Market Investigations

Market Investigations
Author: Massimo Motta
Publisher: Cambridge University Press
Total Pages: 411
Release: 2022-01-06
Genre: Business & Economics
ISBN: 1316513165

Increased concentration and rising market power require new rules. Market investigations are necessary to complement existing regulations.

Digital Competition Law in Europe

Digital Competition Law in Europe
Author: Marc Wiggers
Publisher: Kluwer Law International B.V.
Total Pages: 191
Release: 2019-09-05
Genre: Law
ISBN: 940351700X

‘Digital competition’, a term and concept that has risen to the forefront of competition law, may be viewed as both promising and cautionary: on the one hand, it brings the promises of increased speed, efficiency and objectivity, and, on the other, it entails potential pitfalls such as hard-to-identify pathways to unfair pricing, dominant positions and their potential abuse, restriction of choice and abuse of personal data. Accordingly, jurisdictions around the world are taking measures to deal with the phenomenon. In this concise but thoroughly researched book – both informative and practical – lawyers from a prominent firm with a specialised digital competition team take stock and examine the state of digital competition in the enforcement practices of six competition authorities in Europe, most of these forerunners in the field of digital competition policy and enforcement. The competition authorities surveyed are those of the European Union, the United Kingdom, France, Germany, the Netherlands and Belgium. For each, an overview, spanning the period from 2012 to mid-2019, includes not only landmark cases in which digital technologies have had a significant impact on the competition law outcome but also guidance documents such as speeches, policy statements, industry surveys and research reports. Activities and enforcement practices of the various authorities include the following and more: degree of activity; focus of the activity; enforcement styles; enforcement instruments; visible effectiveness of enforcement; and important insights and outlooks. Each overview contains separate chapters on the cartel prohibition, the prohibition of abuse of a dominant position and merger control. An additional chapter evaluates the similarities and differences in the enforcement practices and the positive and negative effects of digital competition in the jurisdictions investigated, and a concluding chapter offers recommendations. An indispensable guide to quickly and accessibly acquiring in-depth knowledge in competition law in the digital sector, this matchless volume is a must-read for any practitioner or academic who encounters competition law related to digital markets. The dilemmas and challenges of the new competition law reality – which is here already, like it or not – are clearly explained here for the benefit of regulators, academics, policymakers, judges, in-house counsel and lawyers specialising in competition law and intellectual property law.

The Antitrust Paradox

The Antitrust Paradox
Author: Robert Bork
Publisher:
Total Pages: 536
Release: 2021-02-22
Genre:
ISBN: 9781736089712

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Big Data and Competition Law

Big Data and Competition Law
Author: Alptekin Koksal
Publisher: Taylor & Francis
Total Pages: 157
Release: 2023-11-13
Genre: Law
ISBN: 1000995844

Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.

The future of antitrust

The future of antitrust
Author: Priscila Brolio Gonçalves
Publisher: Editora Singular
Total Pages: 562
Release: 2021-10-10
Genre: Law
ISBN: 658635207X

The book has been organized in five sections. The first one deals with goals of antitrust law and policy in the digital area, as well as legal tools and economic analysis. Authors discuss the inclusion of objectives beyond economic welfare in competition policies in the US, Europe and Brazil; consumer choice under the consumer welfare standard; the revival and the role of behavioral economics in antitrust; particularities (or not) of competition in digital markets and multi-sided digital platforms; and data protection (in opposition to data itself) as a potential valuable tool to antitrust analysis. The second Section of the book is dedicated to merger control, including articles for and against the adjustment of notification thresholds in Brazil; the question about scrutinizing killer acquisitions; the discussion concerning the need of a "new merger analysis" for digital markets; bankruptcy and a screening test for failing firm defense; and trends based in CADE's caselaw, including relevant market definition, complexity declaration, associative agreements, the health industry and the very recent Boeing-Embraer case. The third Section is about behavior control and is divided into three chapters, beginning with papers applicable to all types of conducts. Contributors discuss tendencies and modifications in the antitrust analysis of competitive behavior in digital markets, and procedural flaws and how to correct them. Among horizontal behavior, authors analyze price algorithms, labor related practices such as wage fixing and non-poaching agreements, hub and spoke infringements and exchange of sensitive information. The reviewing of consequences and concerns related to the hypothetical knock out of a leniency agreement closes this chapter. Among unilateral conducts, articles approach trends based on recent CADE's precedents, and specific practices such as on-line bans, geoblocking and geopricing, bundled payments in the health care industry and the Google shopping case. Section four is dedicated to competition advocacy and antitrust policy in specifically regulated markets. Authors deal with CADE's role in the pandemic; new regulatory proceedings issued by the Secretariat of Economic Law (SEAE); clauses constraining market shares in public biddings; competition policy in the cryptocurrency market; open banking; and competition in the Brazilian payments industry. Last but not least, Section five approaches antitrust litigation, ranging from private actions for antitrust damages – the relation between public enforcement and private actions; perspectives; disclosure of relevant materials and information, including in connection to leniency agreements; pass-on-defense – to arbitration in antitrust disputes and specialized courts. The final result is a very important and interesting book, comprising high valued opinions and personal views on a vast set of contemporary subjects. We congratulate all contributors and hope readers enjoy this journey!

Virtual Competition

Virtual Competition
Author: Ariel Ezrachi
Publisher: Harvard University Press
Total Pages: 365
Release: 2016-11-14
Genre: Business & Economics
ISBN: 0674545478

“A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.” —Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. “We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.” —Science “A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.” —Burton G. Malkiel, Wall Street Journal “A convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance.” —John Naughton, The Observer