Thursday, June 13, 2019
Marina Lao, Seton Hall has written on No-Fault Digital Platform Monopolization.
ABSTRACT: The power of today’s tech giants has prompted calls for changes in antitrust law and policy which, for decades, has been exceedingly permissive in merger enforcement and in constraining dominant firm conduct. This article analyzes Section 2 of the Sherman Act (the law that prohibits monopolization), and the idea of no-fault legislation that some have suggested as a way to disperse the tech giants’ power. The article highlights the complications that may result from a blanket no-fault solution, and provides alternative suggestions for targeted changes to existing law that may prove more effective while at the same time impose fewer collateral costs.