Antitrust & Big Tech

A conversation about the history of antitrust law, the consumer welfare standard, and the tech giants.

Facebook, Amazon, Apple, Netflix, and Google provide extremely valuable products and services, but their size, market share, and other concerns such as user privacy have led to concerns that they are wielding too much power.

Proponents of “populist” or “hipster” antitrust advocate for limiting the size of firms. This would require changing the Consumer Welfare Standard, which has been in place since the 1970’s.

Mark Zuckerburg’s testimony before Congress in April 2018 ignited a public debate about whether and how tech companies should be regulated. That debate continues and shows no signs of resolution.

Is it time to revisit the standards used in antitrust law? Our experts explore.

Resolute: Navigating the Regulatory Thicket

Founded by Caleb Cook in 2001 and run today with his wife Lois, America’s Phone Guys provides telecommunications and VoIP phone services to businesses in and around the Portland, Oregon metro area. As a home-based business, they encounter a complex web of regulatory requirements and grapple with the compliance burdens caused by the accumulation of individual federal, state, and local regulations.

In this Fourth Branch video, Cary Coglianese (University of Pennsylvania Law School) and Luke A. Wake (NFIB Small Business Legal Center) join Caleb and Lois to explore this web — dubbed the “regulatory thicket” by some. What does the regulatory thicket look like in practice? How does it affect small business owners, their employees, and their customers? Taken as a whole, are the benefits of multiple layers of regulation worth the costs?

Pepperdine Law Review’s 2019 Symposium: Emerging Technology and Regulation

Today’s regulatory landscape presents challenges for public and private entities. Private actors are often faced with conflicting, ambiguous, or altogether absent regulatory frameworks. Is it possible for them to overcome these challenges while delivering the creativity and innovation the marketplace demands? How can government regulators and legislators avoid stifling opportunity, function more efficiently, and enact and enforce sensible and effective regulatory schemes?

Pepperdine Law Review’s 2019 Symposium, in partnership with the Regulatory Transparency Project, explored these vital questions from both the academic and practical perspectives. The third panel of the symposium focused on the potential impact of regulatory policies on emerging technologies.

Pepperdine Law Review’s 2019 Symposium: Populist Antitrust

Today’s regulatory landscape presents challenges for public and private entities. Private actors are often faced with conflicting, ambiguous, or altogether absent regulatory frameworks. Is it possible for them to overcome these challenges while delivering the creativity and innovation the marketplace demands? How can government regulators and legislators avoid stifling opportunity, function more efficiently, and enact and enforce sensible and effective regulatory schemes?

Pepperdine Law Review’s 2019 Symposium, in partnership with the Regulatory Transparency Project, explored these vital questions from both the academic and practical perspectives. The second panel of the symposium focused on the current debate over the future of antitrust enforcement.

Pepperdine Law Review’s 2019 Symposium: General Data Protection & California Consumer Privacy Act

Today’s regulatory landscape presents challenges for public and private entities. Private actors are often faced with conflicting, ambiguous, or altogether absent regulatory frameworks. Is it possible for them to overcome these challenges while delivering the creativity and innovation the marketplace demands? How can government regulators and legislators avoid stifling opportunity, function more efficiently, and enact and enforce sensible and effective regulatory schemes?

Pepperdine Law Review’s 2019 Symposium, in partnership with the Regulatory Transparency Project, explored these vital questions from both the academic and practical perspectives. The first panel of the symposium focused on the General Data Protection and California Consumer Privacy Act.

Here to Stay: The Modern World of Hospitality

Do home-sharing platforms like Airbnb need more regulation to protect consumers and the safety of local communities? How can the interests of private property owners, consumers, and small businesses be balanced? What might an optimal level of regulation look like, and who decides?

In this Fourth Branch video, Gwendolyn Smith (Grandview Bed & Breakfast), Matthew Feeney (Cato Institute), and Pete Clarke (Retired Commissioner, Orange County, FL) explore the legal and regulatory questions that have accompanied the rise of home-sharing platforms.

The Financial Frontier: Financial Freedom, Payday Lending, & “Operation Choke Point”

In 2013, the U.S. Department of Justice decided to investigate banks across the country, looking into the business they did with payday lenders. While payday loans are controversial, they are legal in most circumstances. Proponents of this campaign celebrate the push as crucial for consumer protection. Critics claim it sets a dangerous precedent by unfairly targeting lawful businesses. Jamie Fulmer (Advance America), Chris Peterson (The University of Utah), and Brian Knight (Mercatus Center) explore the questions behind “Operation Choke Point”.

Waters of the United States: Interpreting the Clean Water Act

What is the Clean Water Act? Have historical interpretations of its scope changed over the years? What are the practical effects of those interpretations on the environment, farmers, and landowners? How is this issue relevant today? Donald Kochan and Robert Glicksman explore these questions as they discuss the scope of the Clean Water Act.

Reboot 2018: Can We Still Be Optimistic About the Future of Work?

From robots to the gig economy, anxieties are rising about technology’s impact on labor and the future of work. While we may have to overcome significant disruptions and other challenges, are there still good reasons to be optimistic? Our expert panel will discuss the current political and policy landscape.

The Regulatory Transparency Project co-sponsored the Lincoln Network’s Reboot 2018 conference.

Reboot 2018 Fireside Chat: Disruption and Civil Disobedience

We used to praise disruptors who flagrantly challenged outdated regulations. But the boundary-pushing of some companies has left a bad taste. Has this chilled the willingness of the next wave of startups and investors to take the same kinds of risks? Has this made policymakers more willing to intervene early? What’s the best legal framework to approach disruptive technologies?