Emmie Hine (Yale U Digital Ethics Center) et al. have posted “The Impact of Modern Big Tech Antitrust on Digital Sovereignty” on SSRN. Here is the abstract:
This article examines the history of antitrust cases against Big Tech companies in the United States. It highlights a shift in the attitudes of enforcers away from the economic-analysis-informed Chicago and post-Chicago schools of antitrust thought, which are informed by economic analysis, towards New Brandeisian thinking, which emphasizes structural concerns and broader consumer welfare. However, it has yet to catch on in courtrooms. By contrasting the US’s antitrust strategy with those of the European Union and China, we argue that antitrust enforcement may hinder economic and technological competitiveness in the short term, but may have long-term benefits. Regarding global digital sovereignty, the US increasing enforcement likely would not impact its global competitiveness, as it still presents a more favorable regulatory environment than the EU, and targeted economic measures prevent Chinese companies from being competitive in the US. New legislation may help address the complexities of modern digital markets so that the US can maintain its competitive edge in technology while enhancing consumer welfare.