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Antitrust and Self-Preferencing.

Authors :
HOVENKAMP, HERBERT
Source :
Antitrust Magazine. Fall2023, Vol. 38 Issue 1, p5-12. 8p.
Publication Year :
2023

Abstract

This article explores the concept of "self-preferencing" in the context of antitrust law. Self-preferencing occurs when a company prioritizes its own products over those of its competitors. Examples of self-preferencing include Google favoring YouTube videos in search results and Amazon ranking its own brand first in product listings. The article explains the current laws governing self-preferencing and highlights that they only apply when a firm has market power and unequal treatment leads to competitive harm. The proposed American Innovation and Choice Online Act (AICOA) aims to regulate self-preferencing by large online platforms, but critics argue that it unfairly targets digital firms and overlooks the ease of entry and competition in digital markets. The article concludes by emphasizing the ongoing debate surrounding the impact of self-preferencing on competition and consumer choice. Additionally, the author of the article raises concerns about the potential negative consequences of a broad rule against self-preferencing, suggesting that it could disadvantage certain firms and discourage them from dealing with rival products. The author also notes that previous legal barriers have led firms to vertically integrate into certain areas to avoid dealing with rival goods. [Extracted from the article]

Details

Language :
English
ISSN :
01627996
Volume :
38
Issue :
1
Database :
Academic Search Index
Journal :
Antitrust Magazine
Publication Type :
Periodical
Accession number :
174403068