Emmie Hine (Yale University - Digital Ethics Center; University of Bologna- Department of Legal Studies; KU Leuven - Centre for IT & IP Law (CiTiP)), David Wong (University of Oxford - Oxford Internet Institute), & Luciano Floridi (Yale University - Digital Ethics Center; University of Bologna- Department of Legal Studies) have posted The Impact of Modern Big Tech Antitrust on Digital Sovereignty on SSRN. Here is the abstract:
This article examines the history of antitrust cases against Big Tech companies in the United States. It highlights a shift away from the economic-analysis-informed post-Chicago school of antitrust thought, which is informed by economic analysis and has dominated since the 1990s, towards New Brandeisian thinking, which emphasizes structural concerns and broader consumer welfare. By contrasting the US’s antitrust strategy with those of the European Union and China, we argue that antitrust enforcement may hinder economic and technological competitiveness in the short term, but may have long-term benefits. Regarding global digital sovereignty, the US increasing enforcement likely would not impact its global competitiveness, as it still presents a more favorable regulatory environment than the EU, and Chinese companies are prevented from being competitive in the US through targeted economic measures. The conclusion discusses the possibility of new legislation to address the complexities of modern digital markets to help the US maintain its competitive edge in technology while enhancing consumer welfare.
