Publications: Jack Nicastro

Antitrust battles over digital markets have spread well beyond Big Tech to other leading online firms, threatening productivity and dynamism across the digital economy.

To avoid a potentially exorbitant Digital Markets Act fine, Google is changing its spam policy in a way that may degrade Search, providing yet another example of the European Commission compelling American firms to weaken their services.

AI companies’ destructive book scanning neither forecloses competition nor threatens humanity’s cultural inheritance. The FTC should not waste resources investigating it.

Rather than resort to heavy-handed content and price regulation to address nonexistent market failures, the CMA should follow the lead of the United States and rely on a tried-and-true, ex post law enforcement framework to address concerns about anticompetitive behavior associated with anti-steering practices by Apple and Google.

The App Store Freedom Act would impede innovation, weaken U.S. technological leadership, and import a hostile antitrust framework used abroad to discriminate against American technology companies.

Innovation not only gives rise to market power, but market power fosters innovation by enabling and incentivizing the firms that possess it to make the investments innovation requires.

The recently reintroduced American Innovation and Choice Online Act (AICOA) is a departure from America’s current antitrust regime, not an improvement. Although it promises to deliver innovation and choice in the technology sector, AICOA would undermine both.

The survival of the Federal Trade Commission’s specious consumer protection claims against Uber over the rideshare company’s popular subscription service perpetuates yet another flawed lawsuit against Big Tech.

It is easy to be frustrated with the Chinese government and its use of merger and acquisition controls to limit the competitive advantage of American tech firms. But many policymakers in the West have enabled China’s success by weaponizing antitrust and competition laws to kill pro-competitive deals by Big Tech firms.