Internet Nondiscrimination Principles Revisited

39 Pages Posted: 16 Jul 2020

See all articles by Frank A. Pasquale

Frank A. Pasquale

Brooklyn Law School; Yale University - Yale Information Society Project

Date Written: June 24, 2020


Unfair and sometimes illegal business practices have contributed to the massive growth and power of dominant digital platforms. These platforms therefore enjoy undeserved power. Policymakers should embrace basic principles of fairness to ensure their power is reduced, or at least is exercised in a more responsible way. Nondiscrimination is critical: these platforms should not be able to undercut smaller businesses to promote their own offerings in a biased way. A nondiscrimination model could help policymakers better develop targeted regulation. Antitrust enforcement, transparency, and some aspects of public utility regulation are also critical.

Keywords: antitrust, unfair competition, competition law, monopoly, digital markets, political economy, platform regulation

JEL Classification: L12, L13, L4, L41

Suggested Citation

Pasquale, Frank A., Internet Nondiscrimination Principles Revisited (June 24, 2020). Available at SSRN: or

Frank A. Pasquale (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

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