Abstract
Large technological companies (Big Tech) have much influence over what information is available online. This causes controversy, with some commentators pointing out that Big Tech may engage in private censorship, which may have an impact on what politicians, journalists, and ordinary citizens may say in the so-called "marketplace of ideas". Consequently, the market power of large companies may also have an effect on democratic processes and free speech.
Generally, antitrust law (competition law) aims at curbing undue exercise of market power. Consequently, antitrust law could potentially be used to counter possible negative effects of market power also with regard to free speech and the marketplace of ideas. However, there is a controversy over whether antitrust law should be used in a narrow or broad way. Since around the 1980s, the prevailing view has been that antitrust law should be used in a narrower way, focusing primarily on the economic effects of market conduct. This would mean that antitrust law should not pay any special attention to such values as free speech. Under a broader view, in turn, countering the negative effects of market power on free speech, and more broadly democracy, could be taken into account in antitrust enforcement.
This research investigates whether antitrust law could be used to support free speech and the marketplace of ideas, and consequently contribute also to the quality of democratic processes. It finds that even under more narrow interpretations, antitrust law is a flexible instrument, and that it could play a role from the point of view of free speech. This means that antitrust enforcement may have positive effects not only on narrowly defined consumer interests but also on citizens’ rights.
Original language | English |
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Qualification | Doctor of Philosophy |
Awarding Institution |
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Supervisors/Advisors |
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Award date | 17 Jan 2025 |
Place of Publication | Utrecht |
Publisher | |
Print ISBNs | 978-94-6506-743-8 |
DOIs | |
Publication status | Published - 17 Jan 2025 |
Externally published | Yes |
Keywords
- antitrust
- Big Tech
- competition
- consumer welfare
- democracy
- digital markets
- free speech
- marketplace of ideas
- political economy
- private censorship