How Self-Preferencing Can Violate Section 2 of the Sherman Act

Competition Policy International Antitrust Chronicle, June 2021

9 Pages Posted: 8 Jul 2021

Date Written: June 16, 2021

Abstract

Self-preferencing occurs when a firm unfairly modifies its operations to privilege its own, another firm’s, or a set of firms’ products or services. For example, Google can manipulate its search rankings to favor its own shopping platform and prevent dependent (often rival) firms from obtaining visibility on its site. Exhaustive investigations into Google’s, Apple’s, Facebook’s, and Amazon’s (collectively, “GAFA’s”) operations by private and public institutions show the harms self-preferencing can cause to market participants and consumers by allowing a firm to extend and fortify its dominance across multiple markets.

This article will explain how self-preferencing can constitute a form of monopolization and can violate Section 2 of the Sherman Act. Google’s conduct, in particular, provides an excellent foundation for analyzing how the Sherman Act can apply to self-preferencing.

Keywords: antitrust, monopoly, self-preferencing, Sherman Act

JEL Classification: K21

Suggested Citation

Hanley, Daniel, How Self-Preferencing Can Violate Section 2 of the Sherman Act (June 16, 2021). Competition Policy International Antitrust Chronicle, June 2021, Available at SSRN: https://ssrn.com/abstract=3868896

Daniel Hanley (Contact Author)

Open Markets Institute ( email )

655 15th St. NW
Suite 800
Washington, DC 20005
United States

HOME PAGE: http://https://www.openmarketsinstitute.org/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
728
Abstract Views
1,670
Rank
63,977
PlumX Metrics