US antitrust and large online platforms

Breve comentário sobre o texto US antitrust has reached a turning point (ft.com)

The text addresses how (and when) large online platforms raise their prices and, consequently, also lead to price increases by their competitors. Having primarily analyzed the specific case of Amazon, the author elucidates how the controller of “40% of all ecommerce in the US” was able to affect prices of entire product categories through its “Project Nessie”, an algorithm that contributed to the elimination of its competitors by affecting the prices of products and, therefore, the profits of e-book sellers — which also harmed customers, according to the FTC (Federal Trade Commission).

Furthermore, the “neo-Brandeisian” approach, one of the arguments from the Chicago school in the antitrust realm, served as the basis for the FTC’s assertion. Plus, the power to alter and reduce prices did not consider the needs of producers and sellers. Nonetheless, it also failed to consider the harm to consumers. Moreover, the lack of transparency by the company, as well as the alleged “censorship” against journalists covering the topic, are undoubtedly ongoing concerns that demand greater attention, since the pressure for greater transparency has been emphasized in principles such as the Santa Clara Principles, Manila Principles, and other soft law mechanisms for platform regulation and internet governance. Without such transparency, it is possible to argue that the case resembles a cartel that, strangely, is still unknown to other members.