Internet Nondiscrimination Principles Revisited

40 Pages Posted: 16 Jul 2020 Last revised: 21 Jan 2021

See all articles by Frank Pasquale

Frank Pasquale

Cornell Law School; Cornell Tech

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). Brooklyn Law School, Legal Studies Paper No. 655, Available at SSRN: or

Frank A. Pasquale (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Ithaca, NY 14853

Cornell Tech ( email )

111 8th Avenue #302
New York, NY 10011
United States

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