It would seem the majority preferred the transaction–nontransaction distinction as (1) a way to distinguish platform-implicated cases like Times-Picayune and (2) as a proxy for harder-to-measure indirect network effects.
#SCOTUS's Amex opinion breaks multisided platforms into two basic types: transaction and nontransaction. For #antitrust purposes, transaction platforms may have a stronger claim to a broader relevant market.
@Scotus addressed market definition for platform businesses today. When demonstrating anticompetitive harms, it would seem that #antitrust plaintiffs must consider multisidedness in their definition of the relevant market.
As part of our celebration of the OED's 90th birthday, we're on the hunt for words and phrases used in English that are particular to cities, regions, and countries around the globe. Submit yours using the #WordsWhereYouAre hashtag! #OED90 https://t.co/jksPvkmesx
Large crop of amicus briefs for Ohio v. Amex. It'll be interesting to see what animates tomorrow's arguments: Ease of bringing antitrust claims? Tradeoffs between submarket-level competition and the coordination needed to offer an interdependent, yet differentiated product? https://t.co/8GvnzCevxY
See also @David_Evans1 & Schmalansee https://t.co/AQMu2OSDRe
Sidak and Willig https://t.co/AQMu2OSDRe
And an impressive group of Antitrust Law Profs (featuring Hovenkamp @superwuster, Fox, @jbbecon, @profmikecarrier & others) taking a different view: https://t.co/hCZ7yMnhSo
Wonder if the room's elephant will emerge during Monday's Ohio v. Amex arguments: If platforms connect groups that otherwise face barriers to interacting, does point-of-sale steering undo that work? And should plaintiffs consider it? My @UChiLRev analysis: https://t.co/EYLMqwvtZp
Petitioners' brief filed on Friday in Ohio v AmEx. The case asks when and how litigants have to take the various sides of a platform business (like payment cards) into account while defining the relevant antitrust market. https://t.co/6iFPOsxJht
Which groups in a multisided platform antitrust case constitute the relevant market? In Ohio v AmEx, SCOTUS will decide. Patrick Ward suggests a test: https://t.co/bK5gJM15fJ
Can the fed govt withhold funding from sanctuary cities like Chicago & Philly? We consult Aziz Huq @UChicagoLaw and John Eastman @Chapman_Law on BRIEFLY: https://t.co/IrDCIMv51L
In our newest episode of Briefly, we ask Profs @stone_geoffrey & @glakier how far free speech extends today. Listen to "The Costs of Free Speech" here: https://t.co/snrnDQbxHI