📑 Can Antitrust Law Rein in Facebook’s Data-Mining Profit Machine?
My paper, “The Antitrust Case Against Facebook,” details the quintessential market power fact-patterns that standard economics and competition law have made familiar. Facebook’s ability to inflict harm today on both consumers and news publishers rests heavily, though not exclusively, on a single practice that Facebook engages in: surveillance. Facebook not only tracks users while they are on its site; it also follows them after they leave Facebook itself. This singular ability to surveil customers—across millions of independent and sometimes competitive businesses—is the source of Facebook’s unusually high profit margins in digital advertising, as well as its ability to inflict harm on market participants. Facebook could not get away with this when it faced real competition.
Cory Doctorow discusses Dina Srinivasan’s new paper The Antitrust Case Against Facebook published in the Berkeley Business Law Journal. Srinivasan documents the rise of the platform and how it would not have been possible in a pre-Reagan era. The association between monopoly and surveillance is also explored:
This is a topic Tim Wu, Charles Duhigg and Lina Khan have discussed. A summary of the paper was also published by the Institute for New Economic Thinking.