Proposed regulations for online platform diverge from antitrust standards

By Daniel Fenske and Felipe Pereira (June 23, 2022, 4:49 p.m. EDT) — The United States and the European Union are set to adopt new antitrust regulations for digital platforms. How do their proposed approaches compare? How would this change antitrust regulation and litigation, and what implications does this have?

This article outlines some answers. But two key points are clear.

First, many of the proposals would impose regulations on companies based solely on their size, thereby avoiding the traditional antitrust focus on defining the relevant market and assessing whether, regardless of size, a company actually wields market power. Second, many proposals would shift the onus onto platforms to prove that…

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