Regulation and Antitrust

Monopoly Myths: Are Superstar Firms Stifling Competition or Just Beating It?
Antitrust advocates allege market-leading “superstar” firms—particularly in digital industries—succeed through anticompetitive conduct. But evidence shows they outperform competitors by investing in innovative technologies and global operations that create more value.
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For a menu of actionable ideas for policymakers, see ITIF’s “Tech Policy To-Do List.”

Regulation and Antitrust
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January 11, 2021
If Congress Moves Forward with Social Media “Interoperability Requirements,” Deplatforming Users Will Be A Thing of the Past
A Democratic-led Congress will certainly be considering steps to regulate social media, and many critics in the media will likely cheer them on. But they should be careful of the unintended consequences of some of their proposed remedies.
January 11, 2021
Monopoly Myths: Are Superstar Firms Stifling Competition or Just Beating It?
Antitrust advocates allege market-leading “superstar” firms—particularly in digital industries—succeed through anticompetitive conduct. But evidence shows they outperform competitors by investing in innovative technologies and global operations that create more value.
January 4, 2021
The Year Ahead: Twenty-Four Ways Congress and the Biden Administration Can Advance Good Tech Policy in 2021
If Washington wants to show voters that government is doing something more than simply saying no or being ideologically dug in, then lawmakers and the administration should work to advance a set of actionable technology policy measures that would grow the U.S. economy.
December 17, 2020
The Antitrust Prohibition of Favoritism, or the Imposition of Corporate Selflessness
The DOJ’s attempt to instill corporate selflessness by prohibiting favoritism is at odds with competition on the merits and the spirit of fundamental economic freedoms.
December 8, 2020
Drone ‘Localization’ Policies Will Backfire
Many countries are waking up to realize localization is bad policy and are taking steps to roll back such measures. But it appears not enough policymakers learned their lesson, as history seems to be repeating itself with another emerging technology: drones.
December 2, 2020
When Is Success Illegal?
There is a sea change underway in U.S. antitrust policy, and it has the potential to wreak havoc on corporations and harm consumers in the process.
December 2, 2020
Fear and Loathing of Google on the Campaign Trail Was a Loss for All of Us
In a political weaponization of antitrust laws, the administration and its state AG allies decided to go to battle against Google over an issue the president thought was an obstacle to his re-election: the alleged collusion between big tech companies and the Democrats against himself.
November 30, 2020
Antitrust, Innovation, and Legal Certainty: What the German Legislative Proposal Tells Us
The principle of legal certainty states that the law must be sufficiently clear to provide those who are subject to it with the possibility of regulating their conduct accordingly. Unfortunately, the issue of legal certainty in the discussions and proceedings against big tech has mostly been overlooked despite its fundamental importance in preserving the optimal incentives for market players.
November 25, 2020
DOJ Antitrust Settlement Is a Welcome Step Toward Increasing Competition in Real Estate
The National Association of Realtors (NAR) last week agreed to a settlement after the Department of Justice (DOJ) filed a civil lawsuit alleging that some of the association’s policies were anticompetitive. This is a major step toward increasing competition in real estate, but the Justice Department should still do more, particularly to increase data sharing that would enable innovative business models to flourish.
November 22, 2020
Concentration Is Not Producing Higher Profits or Markups
Lax antitrust enforcement has supposedly led to diverse harms such as the stagnation in wages, fewer startups, increased political influence, and reduced innovation. Two of the most important claims are that profits and markups are rising in many industries. But on closer inspection, both claims appear weaker than asserted.

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