Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide

24 Pages Posted: 29 Oct 2019 Last revised: 30 Oct 2019

See all articles by Eleanor M. Fox

Eleanor M. Fox

New York University School of Law

Date Written: October 1, 2019

Abstract

The high tech/big data platforms are under challenge in many parts of the world. The notable enforcement under EU abuse of dominance law has highlighted a US/EU divide in the interpretation of abuse of dominance/monopolization law and has raised questions whether EU law is sufficient or overly aggressive and whether US law is wanting in the ability to bring the big platforms to account, to the extent that antitrust is the relevant tool. This article explains the salient points of divergence between these two bodies of law, confronts the conservative character of the US Sherman Act, considers what dominant platform conduct should be recognized as anticompetitive, and proposes a judicious use of the Federal Trade Commission Act among other suggestions to narrow the US/EU divide.

Suggested Citation

Fox, Eleanor M., Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide (October 1, 2019). Nebraska Law Review Issue 98:2, Forthcoming, NYU School of Law, Public Law Research Paper No. 19-42, NYU Law and Economics Research Paper No. 19-38, Available at SSRN: https://ssrn.com/abstract=3476675

Eleanor M. Fox (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6171 (Phone)

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