The past few years have seen the opening of several antitrust investigations against some of the most dominant and powerful companies in the world—e.g., the U.S. Department of Justice, numerous states, and the Federal Trade Commission have sued Google, Facebook, and Amazon, and the E.U. has launched additional proceedings against Amazon, Apple, Facebook, and Google. This paper looks at the latest trends and developments in the E.U. and the USA and analyzes the different regulatory approaches taken from a distinct business (...) ethics, that is, ordoliberal perspective. The paper aims to derive ordoliberal-inspired antitrust principles and apply them to the current antitrust proceedings and investigations, thereby assessing their strengths and weaknesses. It also aims at developing ordoliberal-inspired reform proposals which might help to strengthen and “harden” modern-day antitrust regimes. (shrink)

This article critically examines the domination exerted by big digital companies on the current social, economic, and political context of modern societies, with a particular focus on the implications for the proper functioning of democracy. The objective of this article is to introduce and develop the concept of datafeudalism, expose its emergence for the proper functioning of modern societies and democracy, and to propose courses of action to reverse this situation. To achieve this purpose, firstly, the evolution from surveillance capitalism (...) to datafeudalism will be discussed. Secondly, the structures and operating logic of data feudalism will be analyzed. Thirdly, the harmful impacts of datafeudalism on the proper functioning of the democratic systems of the European Union will be examined. Finally, an attempt will be made to outline courses of action that will make it possible to reverse the situation of economic, social and political tyranny exercised by big digital companies through datafeudalism. (shrink)

The E.U. is shortly before implementing the Digital Markets Act (DMA), which aims to regulate digital markets and (ideally) rein in the power of big tech gatekeepers. Several researchers claim that this proposal – and especially its goal to ensure the contestability and fairness of digital markets – is ordoliberal in nature, yet what is missing in the academic literature is a closer look at the parallels (and differences) between the E.U.’s competition policy (and the DMA) and ordoliberalism. This paper (...) tries to close the gap and help answer the question of whether the DMA is indeed standing in an ordoliberal tradition. Furthermore, it evaluates the Act’s institutional strengths and weaknesses – as seen from an ordoliberal perspective – and points out potential ways to strengthen E.U. competition policy (and the DMA) and bring it closer to the ordoliberal ideal. (shrink)

The debate surrounding ‘big tech’ and antitrust has dominated public policy discourses over the past few years in many parts of the world. Noteworthy is that several countries and regions, including China, the European Union, and the United States, have launched investigations into the allegedly anticompetitive and exclusionary business practices of companies such as Amazon, Apple, Facebook, and Google and their Chinese counterparts, Alibaba and Tencent. This paper builds on the renewed interest in the topic and discusses in detail – (...) and from an ordoliberal perspective – the key characteristics of the digital economy, the business conduct of tech platforms, and the corresponding antitrust concerns, as well as possible reform steps which could help to strengthen modern-day competition law and policy (and antitrust enforcement). (shrink)