Tuesday 25 June 2019

Structural Separation: antitrust's tried-and-true weapon for monopolists who bottleneck markets

a post by Cory Doctorow for the Boing Boing blog



Back in 2017, a law student named Lena Khan made waves in policy circles with the publication of her massive, brilliant, game-changing 24,000-word article in the Yale Law Journal, Amazon's Antitrust Paradox, which revisited the entirety of post-Ronald-Reagan antitrust orthodoxy to show how it had allowed Amazon to become a brutal, harmful monopoly without any consequences from the regulators charged with ensuring competition in our markets.

Now, Khan (who is now a Columbia Law fellow) is back with The Separation of Platforms and Commerce – clocking in at 61,000 words with footnotes! – that describes the one-two punch of contemporary monopolism, in which Reagan-era deregulation enthusiasts took the brakes off of corporate conduct but said it would be OK because antitrust law would keep things from getting out of control, while Reagan-era antitrust “reformers” (led by Robert Bork and the Chicago School) dismantled antitrust).

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