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FTC Should Continue to Fight for Lower Consumer Prices in Qualcomm Lawsuit

Back in November, Public Knowledge and Open Markets Institute argued to the International Trade Commission that it would violate the public interest to grant Qualcomm’s request to ban iPhones that used Intel baseband technology from the U.S. market. We wrote then,

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Ideas for Further Analysis Based on Senator Warren’s Platform Regulation Proposal

On Friday, I was heartened to see Senator Elizabeth Warren enter the digital platform competition debate in a big way. Her proposal has already generated a ton of great conversation about how digital platforms ought to be regulated. The agenda-setting role of presidential candidates is significant, and I’m so glad this important topic is on the agenda now. The proposal includes more wonky detail than many campaign proposals, though of course, it is not fully drafted legislation. I want to take this opportunity to discuss the proposal in depth and think about how policymakers can move forward from here. Congress should start now on providing the additional analysis that is generally needed before any specific action is taken.

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Consumer Privacy Before Congress This Week: What We Learned and What’s Next

This week featured back-to-back privacy hearings on Capitol Hill to discuss principles for federal privacy legislation. With the one-year anniversary of the European Union’s General Data Protection Regulation implementation coming in May and the California Consumer Privacy Act taking effect in 2020, industry players that have fiercely lobbied against federal privacy legislation in years past are now suddenly calling on Congress to pass a comprehensive privacy bill this year. Here’s a quick look at what happened in each hearing and a few key takeaways.

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To Make the Tech Sector Competitive, Antitrust Is Only Half the Answer

It seems antitrust is finally having a new moment in the sun. From Attorney General Nominee Bill Barr to Senator Amy Klobuchar, to Congresswoman Alexandria Ocasio-Cortez, to and even President Trump, everyone is talking about antitrust in the context of Internet platforms. While antitrust is a powerful tool and essential to the proper functioning of the economy, antitrust alone cannot eliminate the full array of harms caused by highly concentrated markets. The excessive market concentration and corporate power we see today resulted not only from conservative jurisprudence and lax antitrust enforcement but also excessive deregulation. Antitrust is not sufficient to rectify the very real problems reform advocates identify.

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A Real Remedy the FTC Should Demand of Facebook

It seems almost every week there are new revelations about Facebook’s data use and sharing policies. The Federal Trade Commission is currently investigating Facebook for a potential consent decree violation related to the release of user data to Cambridge Analytica. The new allegations of data misuse in the New York Times this week may also be a violation of the consent decree. They are at least worthy of FTC investigation. And the cache of previously sealed litigation documents published by a British Member of Parliament earlier this month seem to indicate that Facebook may have been strategically withholding this valuable data from “strategic competitors” such as upstart Vine. Taken together, the two stories paint a frightening picture. Was Facebook granting access to private user data to cement its market position, offering it up to the powerful and wielding it as a cudgel against potential competitors? At the close of the current investigation, the FTC should demand remedies that protect users’ privacy while encouraging competition on the Facebook platform and against Facebook itself.

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