Regulating the tech giants

It isn’t often I disagree with John Naughton (or Benedict Evans) but John’s supportive quote from Benedict‘s recent newsletter is one such occasion.  My emphasis:

I think there are two sets of issues to consider here. First, when we look at Google, Facebook, Amazon and perhaps Apple, there’s a tendency to conflate concerns about the absolute size and market power of these companies (all of which are of course debatable) with concerns about specific problems: privacy, radicalization and filter bubbles, spread of harmful content, law enforcement access to encrypted messages and so on, all the way down to very micro things like app store curation. Breaking up Facebook by splitting off Instagram and WhatsApp would reduce its market power, but would have no effect at all on rumors spreading on WhatsApp, school bullying on Instagram or abusive content in the newsfeed. In the same way, splitting Youtube apart from Google wouldn’t solve radicalization. So which problem are you trying to solve?

Breaking up giants should allow competition to resume.  That means new entrants who just might compete on privacy or other behaviours we want to encourage.  Let’s find out what people want.  Maybe a hygienic version of Facebook’s news feed or even pay a subscription instead of adverts?

Second, anti-trust theory, on both the diagnosis side and the remedy side, seems to be flummoxed when faced by products that are free or as cheap as possible, and that do not rely on familiar kinds of restrictive practices (the tying of Standard Oil) for their market power. The US in particular has tended to focus exclusively on price, where the EU has looked much more at competition, but neither has a good account of what exactly is wrong with Amazon (if anything – and of course it is still less than half the size of Walmart in the USA), or indeed with Facebook. Neither is there a robust theory of what, specifically, to do about it. ‘Break them up’ seems to come more from familiarity than analysis: it’s not clear how much real effect splitting off IG and WA would have on the market power of the core newsfeed, and Amazon’s retail business doesn’t have anything to split off (and no, AWS isn’t subsidizing it). We saw the same thing in Elizabeth Warren’s idea that platform owners can’t be on their own platform – which would actually mean that Google would be banned from making Google Maps for Android. So, we’ve got to the point that a lot of people want to do something, but not really, much further.

Yes, anti-trust laws need to evolve (just as anti-trust theory is slowly evolving).  But a lot could be done with the interpretation and implementation of the laws we have.  The existing focus on consumers.  So who are the consumers?   The people who pay the money.  If you want to advertise you’re faced with an effective monopoly.  Let’s fix that.