TOTM

Will the European Commission Reduce the Incentive to Innovate?

The EC’s Android decision is expected sometime in the next couple of weeks. Current speculation is that the EC may issue a fine exceeding last year’s huge 2.4B EU fine for Google’s alleged antitrust violations related to the display of general search results. Based on the statement of objections (“SO”), I expect the Android decision will be a muddle of legal theory that not only fails to connect to facts and marketplace realities, but also will perversely incentivize platform operators to move toward less open ecosystems.

Read the full piece here.