The Final Four in question here are not basketball teams, but rather the tech giants Amazon, Apple, Meta (Facebook’s parent company), and Google who are facing antitrust lawsuits from the federal government. In a survey conducted by University of Michigan law professor Daniel Crane, it was found that Amazon was perceived as having the weakest case against the government, while Google was seen as having the strongest case. The survey included responses from 50 law professors who are considered experts in the field of antitrust law.
Crane’s survey results were published in a post on a joint blog of the Yale Journal of Regulation and the American Bar Association’s section of administrative law and regulatory practice. He noted that the respondents ranged across the ideological spectrum of antitrust professionals and were considered knowledgeable and fair-minded. However, he also acknowledged that the survey was not a scientific study. The responses from the law professors varied, with some describing all four cases as “manure” and others seeing them as powerful stories of monopolists fighting to maintain market power.
The cases against the tech giants were grouped into five buckets for the purpose of the survey: Google search, Google’s ad technology, Meta/Facebook, Amazon, and Apple. Google was identified as having the strongest government case, while Amazon was seen as having the weakest. The key factor in establishing an antitrust case is proving that the defendant is a monopolist, which then allows for the examination of anticompetitive behavior. Google’s dominance in online search and advertising made it the clearest example of a monopolist among the four companies.
Antitrust expert Eleanor Fox from New York University School of Law explained that establishing monopolistic behavior is crucial for the government’s case. While all four companies have engaged in actions that could be considered anticompetitive, Google’s market share in online search and advertising makes it the most clear-cut example of a monopolist. Amazon’s status as a huge player in e-commerce makes it a formidable competitor, but whether it can be classified as a monopolist is less clear. The current lawsuits against these tech giants are complex and multifaceted, and the outcomes will have significant implications for the tech industry as a whole.
Overall, the survey of law professors revealed a range of perspectives on the government’s antitrust cases against Amazon, Apple, Meta, and Google. While Amazon was viewed as having the weakest case, Google was seen as the strongest due to its status as a clear monopolist in online search and advertising. The debates and legal battles surrounding these tech giants are ongoing and are being closely watched by experts and stakeholders in the industry. The outcomes of these cases will shape the future of competition and regulation in the tech sector, and the Final Four of tech antitrust cases continue to be a major point of interest and contention.
