The Supreme Court Case That Could Give Tech Giants More Power

www.nytimes.com

Lina M. Kahn argues that an arcane case involving the credit card industry could neuter any future antitrust litigation against the big tech companies:

If affirmed, the Second Circuit decision would create de facto antitrust immunity for the most powerful companies in the economy. Since internet technologies have enabled the growth of platform companies that serve multiple groups of users, firms like Alphabet, Amazon, Apple, Facebook, and Uber are set to be prime beneficiaries of the Second Circuit’s warped analysis. Amazon, for example, could claim status as a two-sided platform because it connects buyers and sellers of goods; Google because it facilitates a market between advertisers and search users. (An industry trade group representing the tech platforms filed an amicus brief in support of American Express.) Indeed, the reason that the tech giants are lining up behind the Second Circuit’s approach is that — if ratified — it would make it vastly more difficult to use antitrust laws against them.

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