Items tagged "Platform Competition"

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The Case for the Digital Platform Act: Foreword by Tom Wheeler

May 8, 2019 Competition Policy , consumer choice , Platform Competition , Platform Regulation

A late 1970’s television commercial for stock brokerage firm E.F. Hutton closed with the tagline, “When E.F. Hutton talks, people listen.” On technology-related policy matters in the 21st century, when Harold Feld talks, people listen. We now have the advantage of Harold’s speaking between two covers. The volume you hold in your hands is a tour de force of the issues raised by the digital economy and internet capitalism. Whether you agree or disagree with Harold, these thoughts will stretch your intellect and stimulate your thinking.

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Interoperability = Privacy + Competition

April 26, 2019 Competition , Platform Competition , Platform Regulation , Platform Regulation Series , Privacy

As Congress and other relevant stakeholders debate how to protect Americans’ privacy, a key concern is making sure that new legislation doesn’t entrench the power of big tech incumbents. In this post, we argue that incorporating data interoperability into privacy legislation is essential to empowering consumers’ data rights and fostering a competitive marketplace.

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A Regulator to Fit the Growing Regulatory Consensus

April 4, 2019 Data Protection , Facebook , Platform Competition , Platform Regulation , Platform Regulation Series

Facebook CEO Mark Zuckerberg recently published an op-ed in the Washington Post naming a role for government and regulation around four specific policies that continue to be concerns for users of Facebook and broader digital platforms. In two areas (privacy and political advertising) Zuckerberg reiterates Facebook’s agreement with previous legislative proposals, including parts of the General Data Protection Regulation (GDPR) in the European Union and (although not named) concepts from the Honest Ads Act introduced by Senators Amy Klobuchar, Mark Warner, and the late John McCain. In addition to these two topics, Zuckerberg also moves towards responding to calls from the public interest community for stronger content moderation of hateful content and for meaningful data portability to promote competition in a market that trends towards dominant platforms. While some may view yet another Facebook op-ed cynically, I believe this one should be welcomed.

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We Don’t Have to Sacrifice User Safety and Convenience to Make App Stores Competitive

March 15, 2019 Competition , Platform Competition , Platform Regulation , Privacy , security

App stores, such as Google Play and Apple’s App Store, have been good for consumers and independent developers in a number of ways. When they work well, they provide consumers with a convenient way to find and buy software that is safe and functional. I remember when my non-technical friends would never install software on their PCs, assuming that it was all a scam or malware of some kind. Now these same people can confidently install, use, and uninstall apps without fearing that it will ruin their devices or steal their personal information. Again, this is when things are working right. There are always bad actors to be vigilant against, and different app store curators do their jobs more and less well.

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UK Digital Competition Report Builds the Case for Platform Regulation

March 13, 2019 Antitrust , Charlotte Slaiman , EU , Platform Competition , Platform Regulation , UK

The United Kingdom’s Digital Competition Expert Panel released its report, “Unlocking Digital Competition,” to the government yesterday. The report proposes policies that it says, “would create substantial benefits for UK consumers, businesses trying to start up and scale up in the UK, and greater predictability for the major digital companies.” The report argues that competition law and policy in the UK needs to be updated to address the current problems in the digital economy, but that additional tools beyond competition policy will have the biggest impact. “Strengthened antitrust enforcement, although having an important role, moves too slowly and, intentionally, resolves only issues narrowly focused on a specific case.”

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

March 11, 2019 Charlotte Slaiman , DOJ , FCC , FTC , Platform Competition , Platform Regulation

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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Towards Trustworthiness by Design and Default

February 15, 2019 Microsoft , NewsGuard , Platform Competition , Platform Regulation , Platform Regulation Series

Recently, Microsoft announced that NewsGuard, a service that has helped over 500 news sites improve their reporting and journalism methods and employs professional journalists to create consumer-friendly ratings of the trustworthiness of news sites, will be available by design, but not by default, in its Edge browser for iOS and Android. Although NewsGuard has been available as an extension for the desktop version of Chrome, Firefox, Safari, and Edge for some time already, we believe that Microsoft’s latest move is a positive step in the increasingly important mobile news market.

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A Real Remedy the FTC Should Demand of Facebook

December 20, 2018 Antitrust , Charlotte Slaiman , Data Protection , FTC , Platform Competition , Privacy

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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Time for the FTC to Study Data and Labor Market Competition Issues

September 13, 2018 Antitrust , Charlotte Slaiman , Competition , Competition Policy , FTC , Platform Competition

The Federal Trade Commission is hosting a series of historic public hearings on the future of antitrust law that begin today. Gene Kimmelman, the President of Public Knowledge, is participating in the hearings. To continue these efforts to examine developments in competition throughout the economy, the FTC should launch two important studies to examine: 1) the impact of big data on platform power, and 2) the impact of consolidation on America’s workers. Americans are concerned about competition, but we don’t have the information we need in order to know whether it is stronger agency enforcement or possibly other policy tools that are needed to address these concerns.

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