Opening Pandora’s Box: Copyright and Antitrust

Opening Pandora’s Box: Copyright and Antitrust

Pandora’s antitrust lawsuit against ASCAP is a leading-edge dispute, scheduled for trial by year-end, that may help catalyze a new approach to the old question of whether — and if so to what extent — owners of copyrighted digital content are permitted to refuse to deal with competing distribution channels on dramatically different commercial terms.

Deconstructing The FTC’s Google Investigation

Deconstructing The FTC’s Google Investigation

Decon­structing the antitrust analysis applied by the FTC reveals the daunting task it faced in seeking to hold Google accountable for monopolization. The decision to fold-up the agency’s tent represents an admirable instance of prosecutorial restraint by a Commission that had been very publicly hounded by Google’s rivals.