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The Ghosts of Antitrust Past

ICLE Issue Brief PPI Director of Technology Policy, Alec Stapp reviews the antitrust cases against IBM, AT&T, and Microsoft and discusses what we can learn from them today. He explains the relevant concepts necessary for understanding the history of market competition in the tech industry.

Alec Stapp, current Director of Technology Policy at Progressive Policy Institute, and former Research Fellow, Law & Economics at International Center for Law & Economics (ICLE), reviews the antitrust cases against IBM, AT&T, and Microsoft and discusses what we can learn from them today. He explains the relevant concepts necessary for understanding the history of market competition in the tech industry.

Introduction

Big Tech continues to be mired in “a very antitrust situation,” as President Trump so eloquently put it in 2018. Advocates for more aggressive antitrust enforcement in the tech industry often justify their proposals by pointing to the cases against IBM, AT&T, and Microsoft. In announcing her plan to break up the tech giants, Elizabeth Warren highlighted the case against Microsoft in particular:

The government’s antitrust case against Microsoft helped clear a path for Internet companies like Google and Facebook to emerge. The story demonstrates why promoting competition is so important: it allows new, groundbreaking companies to grow and thrive — which pushes everyone in the marketplace to offer better products.

Tim Wu, a law professor at Columbia University, summarized the overarching narrative recently (emphasis added):

If there is one thing I’d like the tech world to understand better, it is that the trilogy of antitrust suits against IBM, AT&T, and Microsoft played a major role in making the United States the world’s preeminent tech economy.

The IBM-AT&T-Microsoft trilogy of antitrust cases each helped prevent major monopolists from killing small firms and asserting control of the future (of the 80s, 90s, and 00s, respectively).

A list of products and firms that owe at least something to the IBM-AT&T-Microsoft trilogy.

(1) IBM: software as product, Apple, Microsoft, Intel, Seagate, Sun, Dell, Compaq
(2) AT&T: Modems, ISPs, AOL, the Internet and Web industries
(3) Microsoft: Google, Facebook, Amazon

In other words, by breaking up the current crop of dominant tech companies, we can sow the seeds for the next one. But this reasoning depends on an incorrect — albeit increasingly popular — reading of the history of the tech industry.

Click here to read the full issue brief.

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Antitrust & Consumer Protection

Google And Facebook Didn’t Kill Newspapers: The Internet Did

Popular Media There is an infamous chart in media circles. It shows newspaper advertising revenue steadily rising until about the year 2000. A few years later, it . . .

There is an infamous chart in media circles. It shows newspaper advertising revenue steadily rising until about the year 2000. A few years later, it drops off a cliff. Superimposed on this chart is the exponential growth of Google and Facebook…

Read the full piece here.

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Innovation & the New Economy

Why Data Is Not the New Oil

TOTM “Data is the new oil,” said Jaron Lanier in a recent op-ed for The New York Times. Lanier’s use of this metaphor is only the latest instance of what has become the dumbest meme in tech policy.

“Data is the new oil,” said Jaron Lanier in a recent op-ed for The New York Times. Lanier’s use of this metaphor is only the latest instance of what has become the dumbest meme in tech policy. As the digital economy becomes more prominent in our lives, it is not unreasonable to seek to understand one of its most important inputs. But this analogy to the physical economy is fundamentally flawed. Worse, introducing regulations premised upon faulty assumptions like this will likely do far more harm than good.

Read the full piece here.

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Data Security & Privacy

Any Way You Measure It, Warren Is Wrong to Claim “Facebook and Google Account for 70% of All Internet Traffic”

TOTM Seeing internet traffic is not the same thing as “account[ing] for” — or controlling or even directly influencing — internet traffic.

When she rolled out her plan to break up Big Tech, Elizabeth Warren paid for ads (like the one shown above) claiming that “Facebook and Google account for 70% of all internet traffic.” This statistic has since been repeated in various forms by Rolling StoneVoxNational Review, and Washingtonian. In my last post, I fact checked this claim and found it wanting.

Read the full piece here.

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Antitrust & Consumer Protection

Debunking Elizabeth Warren’s Claim That “More Than 70% of All Internet Traffic Goes through Google or Facebook”

TOTM Less than 20 percent of all Internet traffic goes through sites owned or operated by Google or Facebook. While this statistic may be less eye-popping than the one trumpeted by Warren and other antitrust activists, it does have the virtue of being true.

In March of this year, Elizabeth Warren announced her proposal to break up Big Tech in a blog post on Medium. She tried to paint the tech giants as dominant players crushing their smaller competitors and strangling the open internet. This line in particular stood out: “More than 70% of all Internet traffic goes through sites owned or operated by Google or Facebook.

Read the full piece here.

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Antitrust & Consumer Protection

7 Things Netflix’s ‘The Great Hack’ Gets Wrong About the Facebook–Cambridge Analytica Data Scandal

TOTM Despite its tone and ominous presentation style, The Great Hack fails to muster any support for its extreme claims. The truth is much more mundane: the Facebook-Cambridge Analytica data scandal was neither a “hack” nor was it “great” in historical importance.

This excerpt from the beginning of Netflix’s The Great Hack shows the goal of the documentary: to provide one easy explanation for Brexit and the election of Trump, two of the most surprising electoral outcomes in recent history.

Read the full piece here.

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Data Security & Privacy

10 Reasons Why the California Consumer Privacy Act (CCPA) Is Going to Be a Dumpster Fire

TOTM Last year, real estate developer Alastair Mactaggart spent nearly $3.5 million to put a privacy law on the ballot in California’s November election. He then negotiated a deal with state lawmakers to withdraw the ballot initiative if they passed their own privacy bill. That law — the California Consumer Privacy Act (CCPA) — was enacted after only seven days of drafting and amending.

Last year, real estate developer Alastair Mactaggart spent nearly $3.5 million to put a privacy law on the ballot in California’s November election. He then negotiated a deal with state lawmakers to withdraw the ballot initiative if they passed their own privacy bill. That law — the California Consumer Privacy Act (CCPA) — was enacted after only seven days of drafting and amending. CCPA will go into effect six months from today.

Read the full piece here.

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Data Security & Privacy

New Paper Reveals “Stealth” Consolidation But Competitive Effects Remain Hidden

TOTM ICLE Research Fellow Alec Stapp responds to a new paper by Thomas Wollman in the American Economic Review regarding “stealth” consolidation and its allegedly anticompetitive effects.

Thomas Wollmann has a new paper — “Stealth Consolidation: Evidence from an Amendment to the Hart-Scott-Rodino Act” — in American Economic Review: Insights this month. Greg Ip included this research in an article for the WSJ in which he claims that “competition has declined and corporate concentration risen through acquisitions often too small to draw the scrutiny of antitrust watchdogs.” In other words, “stealth consolidation”.

Read the full piece here.

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Antitrust & Consumer Protection

GDPR After One Year: Costs and Unintended Consequences

TOTM GDPR is officially one year old. How have the first 12 months gone?

GDPR is officially one year old. How have the first 12 months gone? As you can see from the mix of data and anecdotes below, it appears that compliance costs have been astronomical; individual “data rights” have led to unintended consequences; “privacy protection” seems to have undermined market competition; and there have been large unseen — but not unmeasurable! — costs in foregone startup investment. So, all-in-all, about what we expected.

Read the full piece here.

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