Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide

The high tech/big data platforms are under challenge in many parts of the world. The notable enforcement under EU abuse of dominance law has highlighted a US/EU divide in the interpretation of abuse of dominance/monopolization law and has raised questions whether EU law is sufficient or overly aggressive and whether US law is wanting in the ability to bring the big platforms to account, to the extent that antitrust is the relevant tool. This article explains the salient points of divergence between these two bodies of law, confronts the conservative character of the US Sherman Act, considers what dominant platform conduct should be recognized as anticompetitive, and proposes a judicious use of the Federal Trade Commission Act among other suggestions to narrow the US/EU divide.

Paper
The paper is available here.

Practicalities

This seminar will take place from 16:00 to 17:15, in the IViR Room of the 5^th floor of the Amsterdam Law School, A building (of the Roeterseilandcampus). Drinks will follow.

Please register before January 8^th: acle@uva.nl.

One-to-one Meeting Request

Click here for a one-to-one meeting with Professor Fox on January 10^th, 2020.

About the Speaker

Eleanor M. Fox is the Walter J. Derenberg Professor of Trade Regulation at New York University School of Law. She is a leading scholar in antitrust law and competition policy, on which she has published widely and obtained several awards, including an honorary doctorate from University of Paris-Dauphine, among others. She advised numerous younger antitrust jurisdictions and served on a number of antitrust committees under US Presidents Carter and Clinton.