There is still an inherent and unfortunately unresolved tension between U.S. law and the content-sharing functions that epitomize, social media today.
It makes no sense — and would flatly contradict the fundamental role of antitrust in constraining abuse of market power — to jettison the long-standing music industry antitrust consent decrees without an appropriate regulatory framework to replace them.
For retailers, over-leveraged balance sheets, immense debt service obligations and a failure to adapt to changing consumer preferences are clearly far more significant than anything Amazon has done.
The Justice Department should not lift the antitrust decrees constraining ASCAP and BMI because nothing of legal or competitive significance in music licensing has changed.
The “retail apocalypse story” is false. The lesson from Christmas ‘17 is that Amazon is good for consumers, good for competition and, yes, good for traditional retailers. Leave it be.
The malleability of market boundaries and aggressive AI competition among online services should help rebut claims that not only Google, but Facebook and Amazon as well, are somehow illegal monopolies.
The hipster antitrust narrative about Internet “monopolies” runs headlong into the reality of fierce artificial intelligence competition among the largest tech companies in the emerging voice-controlled digital assistant space.
We should not return to an era when rivals were able to make strategic and unprincipled use of antitrust doctrine to demand special treatment to save themselves from the brutal consequences of competitive failure. America should not let antitrust itself become anticompetitive.
A five-decade consensus on the objectives of antitrust law is under threat today from the extraordinarily divisive politics of contemporary America. It took a long time and sordid episodes to get the politics out of antitrust—it would be a shame to go backwards and politicize competition policy again.
Former music and film producer Jonathan Taplin is way out of his element, merging two distinct issues into a superficial “#resistance” meme that contradicts the central tenets of U.S. antitrust law.