Proposed On-line Platform Regs Deviate From Antitrust Norms

By Daniel Fenske and Felipe Pereira (June 23, 2022, 4:49 PM EDT) — Both the United States and the European Union are on the cusp of adopting new antitrust regulations of digital platforms. How do their proposed approaches compare? How would that change antitrust regulation and litigation, and what implications does that have?

This article sketches some answers. But two key takeaways are clear.

First, many of the proposals would impose regulations on firms based solely on their size, avoiding the traditional antitrust focus of defining the relevant market and assessing whether, regardless of size, a firm actually has market power. Second, many proposals would shift the burden to the platforms to prove that…

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