The Monopoly Report

Episode 50: Part 2 - Jon Leibowitz on Antitrust and Privacy in today's digital media marketplace


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Alan Chapell continues his discussion with Jon Leibowitz on some of the key regulatory issues raised from 2004 - 2013. This includes the investigation re: Google Buzz and Google's settlement of FTC charges it Misrepresented Privacy Assurances to Users of Apple's Safari Internet Browser (which Alan believes had a huge impact on Google's approach to probabilistic advertising). They also talk about the historical regulatory role of telecommunications companies vs edge providers like Google and Meta as well as a discussion of the ongoing antitrust cases Google is facing. 

Takeaways

  • First-party data has real limits; it isn’t a universal fix.

  • The FTC’s Intel case shows antitrust can unlock competition (e.g., aiding Nvidia’s rise).

  • Journalism’s sustainability is strained by dominant platforms; collective bargaining may help.

  • Google’s 2012 Safari case (rooted in earlier Buzz issues) became a lasting privacy deterrent.

  • Privacy enforcement reshaped ads, pushing platforms away from third-party data tactics.

  • Structural vs. behavioral remedies: breakups are rare; well-designed conduct rules often carry the day.

  • Chrome divestiture was viewed as overreach; Judge Mehta’s search remedies felt cautious.

  • Consent fatigue is real; data minimization and retention limits may work better.

  • Privacy trade-offs vary by socioeconomic context; one-size rules can entrench incumbents.

  • The ad-supported web has eras: DoubleClick (’94–’03), Google’s ascent (’04–’13), then Big Tech dominance.

    Chapters

    00:09 Introduction & episode setup; first-party data riff; sponsor note

    02:06 Intel case lessons; exclusivity, APIs, and competition effects
    04:02 Journalism town halls (2009–10); platforms, news economics, misinformation
    08:54 Google Safari cookie-circumvention case; ties to Google Buzz order
    12:30 Consent vs. probabilistic advertising; platform caution post-settlement
    15:00 Privacy trade-offs across economic classe
    15:50 Google Search remedies; amicus brief; Chrome divestiture debate
    23:30 Remedies are hard: structural vs. behavioral; Microsoft as precedent
    26:00 Post-FTC: privacy coalition with Mary Bono; telco vs. edge provider rules
    29:31 Rulemaking hurdles (Mag-Moss); unrealized federal privacy push
    30:27 Regulation can entrench incumbents; EU lessons for startups
    32:01 Data minimization & retention over blanket consent
    32:50 Closing: three eras of the ad-supported internet; subscribe CTA

    Learn more about your ad choices. Visit megaphone.fm/adchoices

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