The Monopoly Report

By Alan Chapell

In-depth coverage of big tech's antitrust woes from Marketecture.tv. We are covering the Google search and ad tech trials and everything else happening. Subscribe to our newsletter at https://monopoly... more

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FAQs about The Monopoly Report:

How many episodes does The Monopoly Report have?

The podcast currently has 63 episodes available.

The Monopoly Report episodes:

January 28, 2026Episode 63: Why are publishers and adtechs privately suing Google on antitrust grounds?
This week, Brendan Benedict joins Alan Chapell to talk about some of the recent civil antitrust complaints filed against Google by publishers including Penske, The Atlantic, McClatchy, Conde Nast, and Vox Media. With Judge Brinkema's remedies decision pending and a slew of other jurisdictions (e.g., EU, Canada) attempting to remedy Google's adtech practices, why are so many publishers and adtech companies jumping into the pool?
Brendan Benedict may be found at: https://www.benedictlawgroup.com/brendan-benedict

The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/

Takeaways
The DOJ ruling gives private plaintiffs a head start on liability.

These cases will mostly come down to damages calculations.

Google avoided a jury, but the detailed opinion may make appeals harder.

Remedies are likely behavioral, not divestiture.

Statute of limitations could decide how far back damages go.

Chapters
00:00 Intro & Guest Welcome
02:20 DOJ Remedies Decision Still Pending
06:20 Overview of Private Civil Lawsuits Against Google
07:05 Publisher Allegations
08:30 Damages Scale Discussion
10:05 DOJ Heavy Lifting for Private Plaintiffs
13:00 Case Consolidation & MDL Structure
15:25 Google Appeal Strategy
19:05 Duke Energy & “Monopoly Broth” Issue
21:45 Jury Trial Avoidance and Implications
23:45 Texas AG Case Expansion
26:00 Europe and Divestiture Pressure
29:05 Calculating Lost Revenue Damages
31:10 Statute of Limitations Debate
33:05 Settlement Likelihood & Bellwether Trials
39:20 FTC Meta Appeal Sidebar
48:10 Final Takeaways Summary
52:15 Closing & Upcoming Guest Preview

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54min
January 21, 2026Episode 62: The Future of Self-regulation in Digital Ad Privacy
David LeDuc from the Network Advertising Initiative (NAI) sits down with host Alan Chapell to discuss the NAI's reinvention of its self-regulatory efforts in light of the influx of U.S. state privacy laws. They discuss what a good privacy law looks like, the challenges around finding the right balance, California's new Deletion tool, and the likelihood of a U.S. federal privacy law in the near term.

More on David LeDuc and the NAI at https://thenai.org/about-the-nai-2/staff/
More on the Chapell Regulatory Insider at https://chapellreport.substack.com/

Takeaways
The NAI has shifted from crafting self-regulatory rules to helping companies comply with complex state and federal privacy laws as enforcement accelerates.

The California Delete Request and Opt-Out Platform (DROP) is likely the most impactful regulatory development for the ad space heading into 2026.

Lumping third-party ad tech companies together with traditional data brokers may create regulatory confusion.

Kids’ privacy is rapidly expanding beyond COPPA, creating major challenges for ad tech companies aound compliance given that most have no idea how to ascertain the age of a User.

Enforcement sophistication and coordination among state attorneys general are increasing, changing the risk profile for companies that try to “keep their heads down” and do the minimum.

Attempts to regulate AI indirectly through privacy and consumer protection laws are likely to continue as federal leadership stalls.

Chapters
00:00 Welcome and episode overview
02:23 Who is David LeDuc and what is the NAI today
06:00 Are lobbyists really the problem
09:40 Kids’ data, age verification, and policy tensions
13:06 Educating regulators vs legislators
18:04 Ad tech vs data brokers
21:10 What does a “perfect” privacy law look like
30:27 California’s Delete Request and Opt-Out Platform
35:40 Global Privacy Control and browser obligations
39:25 AI regulation through privacy and consumer protection laws
44:20 Predictions for 2026
50:21 Where to find David and the NAI
52:10 – Final wrap-up

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55min
January 14, 2026Episode 61: State Privacy Law from the POV of Civil Society w/Travis Hall of the CDT
Alan Chapell is joined by Dr. Travis Hall - Director for State Engagement at the Center for Democracy & Technology (CDT), a nonpartisan organization focused on civil rights and liberties in the digital age. They talk about the ads space through a lens balancing consumer expectations with business interests and debate the merits of the private right of action.
Travis Hall’s bio is available at https://cdt.org/staff/travis-hall/
Chapell Regulatory Insider is available at https://chapellreport.substack.com/

Takeaways:
CDT focuses on a broad range of digital rights, not just privacy.

Data minimization is essential for effective privacy laws.

Consumer expectations often differ from actual online behavior.

State privacy laws need strong enforcement mechanisms.

The private right of action can drive regulatory change.

Targeted advertising is an area of continued focus.

Understanding technology is crucial for effective policymaking.

Advocacy must balance user rights with industry needs.

Collaboration between stakeholders is vital for progress.

Historical context shapes current privacy advocacy efforts.

Chapter:
00:00 Introduction and Personal Insights
01:18 Understanding the Center for Democracy and Technology
04:33 The Role of CDT in State Privacy Legislation
10:20 Consumer Expectations and Privacy Law
16:11 Elements of Effective State Privacy Laws
21:26 Challenges in Data Minimization Enforcement
24:27 The Impact of GDPR on Ad Tech
26:22 Enforcement Challenges in Digital Media
30:22 The Role of Private Right of Action
38:52 Improving Targeted Advertising Practices
46:02 Acknowledging the Tension in Data Practices

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48min
December 24, 2025Episode 60: Did the CJEU just break the Internet?
Professor Daphne Keller joins host Alan Chapell to discuss the implications of the EU Court of Justice decision in Russmedia - demonstrating that "breaking the Internet" is no longer solely the domain of pop stars like Taylor Swift. An expert in platform regulation and intermediary liability, Professor Keller explains how the CJEU's Russmedia decision poses significant challenges for companies operating in the digital media space in Europe.
Daphne Keller's bio may be found at https://law.stanford.edu/daphne-keller/.
The Chapell regulatory outlook report may be found at https://chapellreport.substack.com/.

Takeaways
The Russmedia case shifts the EU rules on intermediary liability significantly.

Intermediary liability laws aim to balance online safety, free speech, and innovation.

The court's decision highlights a long-standing tension as between GDPR and the e-commerce directive.

Platforms may now be considered joint controllers of user data under GDPR.

Identifying harmful content at scale is a major challenge for platforms.

The Russmedia case

Chapters
00:00 Welcome and show premise
02:05 Daphne Keller and why Russmedia matters
04:00 Why intermediary liability shields exist
06:20 Distinction between Section 230 in the U.S. (absolute liability shield) and the EU notice and takedown regime under the e-commerce directive.
08:45 GDPRand right to be forgotten as background context.
11:00 Russmedia facts and Romanian state court path
13:45 Advocate General view processor vs controller
16:00 CJEU view as joint controllership is the lynchpin of the case.
23:30 Proactive checks and the general monitoring contradiction
34:40 What platforms can do now and the practical tradeoffs

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40min
December 17, 2025Episode 59: FTC Commissioner Mark Meador on Digital Media Regulatory
Host Alan Chapell welcomes Commissioner Mark Meador of the Federal Trade Commission to talk about the future of conservative antitrust, the importance of protecting kids and the impact of the regulatory environment on the digital media marketplace.

Commissioner Meador's bio can be found at https://www.ftc.gov/about-ftc/commissioners-staff/mark-r-meador.

The Chapell Report can be found at https://chapellreport.substack.com/

Takeaways
Privacy and online safety for children are top priorities for the FTC.

The FTC is focused on tangible harms rather than ethereal issues.

Antitrust enforcement has seen a bipartisan consensus on the need for more action.

The FTC uses 6B studies to understand new markets and inform future regulations.

Learning from past FTC experiences is crucial for effective enforcement.

AI and deceptive claims are monitored under existing laws.

Consumer choice is essential in a competitive marketplace.

The FTC is committed to enforcing laws that protect children online.

Regulatory actions should avoid creating unintended consequences.

Chapters
00:00 FTC Priorities for 2026
03:53 Antitrust Focus and Challenges
07:50 Protecting Children Online
12:08 The Role of 6B Studies
15:54 Learning from Past FTC Experiences
19:41 Addressing AI and Deceptive Claims
23:43 Consumer Choice and Market Dynamics
27:43 Key Takeaways for Digital Media Stakeholders

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38min
December 10, 2025Episode 58: The EU Digital Omnibus, Part 2: With Peter Craddock
Peter Craddock joins Alan Chapell to discuss the EU Digital Omnibus proposal - and debate the value of simplification of the digital privacy rules in Europe. Peter views these changes as pragmatic, while Alan is concerned that we’re trading in one set of ambiguities to another.

More on Peter Craddock https://www.khlaw.com/people/peter-craddock.
More on Alan's Regulatory Outlook Substack https://chapellreport.substack.com/welcome

Takeaways
Peter believes the Digital Omnibus changes are intended to add a layer of pragmatism to EU data protection law.

The GDPR was designed to enshrine privacy as a fundamental right, but that doesn’t mean privacy should prevail over everything else.

You also take into account other fundamental rights: fundamental right of information and freedom of expression.

Chapters
00:00 Peter returns and sets the stage for what the EU Digital Omnibus is and why it exists.
04:20 How the proposal and Court of Justice rulings reshape the meaning of personal data for ad tech.
10:00 What pseudonymous companies can argue today under SRB and related cases.
15:40 Why ePrivacy consent rules still bite even if GDPR does not apply.
20:40 Browser-based consent controls and why industry expects pushback.
26:10 How regulators may respond, and why pragmatism is becoming more visible.
35:40 Legitimate interest for AI training versus consent for monetization.
41:00 Whether the changes help smaller players and what uncertainty remains.

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51min
December 03, 2025Episode 57: The EU Digital Omnibus with Dr. Gabriela Zanfir-Fortuna
The Digital Omnibus proposal seeks to upend the EU data protection rules. In part 1 of our coverage, Alan Chapell chats with Dr Gabriela Zanfir-Fortuna of the Future of Privacy Forum about what's driving the Digital Omnibus, and whether it is likely to have a positive impact. More on Gabriela at https://fpf.org/person/dr-gabriela-zanfir-fortuna/. More on Alan's Substack at https://chapellreport.substack.com/.
Takeaways
The Digital Omnibus aims to simplify, reduce compliance burden and boost EU competitiveness, but may introduce new ambiguities and complexities.

Narrowing the definition of personal data could let some pseudonymous ad tech processing fall outside GDPR coverage.

A browser level do not track style signal is proposed, yet timelines and technical feasibility remain uncertain given past failures and current standards backlogs.

AI model training via legitimate interest raises difficult questions about privacy choices.

Some EU regulators are likely to resist these shifts, meaning enforcement may stay privacy forward - creating a lack of certainty for those seeking to comply with these new rules.
Chapters
00:00 Alan introduces the show, the guest, and why the Digital Omnibus matters for GDPR and the AI Act.
03:40 Gabriela shares her privacy origin story and why privacy harms can be systemic, not just individual.
11:40 The pair unpack the Commission’s stated goals of simplification and competitiveness, and why Gabriela doubts the path.
17:00 They examine the proposed narrowed definition of personal data and the risk of fresh compliance confusion.
20:50 Discussion of a new consent revocation signal and the long road to workable standards.
26:40 A media services carve out is questioned, especially its impact on consent fatigue and digital ads.
32:00 Gabriela outlines the biggest AI related proposals, especially legitimate interest for training and use.
44:40 They predict regulator pushback and what that means for enforcement over the next decade.
50:30 Closing reflections on why the Omnibus may fail its simplification promise and what comes next.

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52min
November 19, 2025Episode 56: The People of Vermont want privacy too!
In this episode, Alan chats with Vermont State Representative Monique Priestley about her multi-year attempt to get a privacy law passed in the State of Vermont. They discuss Vermont's approach, what Monique has learned from the successes and failures of other state efforts, and what a "good" privacy law looks like.

Rep Priestley's bio may be found at: https://priestleyvt.com/about/

The discussion re: Private Rights of Action in Privacy Laws with Dr. Lauren Scholz is available at: https://www.youtube.com/live/RVb8xXWkYPQ?si=sb89gvUiT_WzKYsp&t=2448.

My reaction to Dr. Scholz's testimony is available on my Substack at: https://chapell.substack.com/p/more-on-the-private-right-of-action
Takeaways
Lobbying pressure shapes privacy bills long before the public ever sees them.

Consumer rights only work if people can actually enforce them.

Data minimization is essential but difficult to regulate.

Political campaigns are major contributors to data misuse.

States struggle to keep definitions aligned as technology shifts.
Chapters
00:00 Origin story of Rep. Priestley
03:15 How lobbying shapes privacy legislation
08:10 What a strong privacy law should include
13:20 Why data minimization is so complicated
18:45 The role of political campaigns in data abuses
24:30 Data brokers and updates, states are pushing
31:40 Authorized agents and deletion requests
36:30 How Vermont approaches sensitive data

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40min
November 12, 2025Episode 55: A truly EPIC discussion about Apple ATT
Alan Butler from the Electronic Privacy Information Center (EPIC) joins Alan Chapell to discuss EPICs recent blog post critiquing the March 2025 decision of the French competition authority holding that Apple's App Tracking Transparency (ATT) is anti-competitive. This is a robust discussion pitting the views of the advocacy community against those of the business community... and demonstrating the tension that can sometimes exist between privacy and competition law.

The discussion referenced a number of articles and consumer research.
Epic's blog post on ATT is at https://tinyurl.com/2avfss69
The French Competition decision is at https://tinyurl.com/27tav2dv
Research from Columbia Univ is at https://tinyurl.com/399az6ht
Research from USC is at https://tinyurl.com/55d76n87

Takeaways
EPIC saw Apple’s App Tracking Transparency (ATT) as a rare, meaningful win for user privacy amid decades of unchecked data collection.

Alan Butler draws a distinction as between first-party tracking and third-party behavioral tracking - a distinction that may be at odds with competition regulators such as the UK Competition and Markets Authority.

Butler argued that consent pop-ups and CMPs are manipulative, not genuine privacy controls - Chapell agreed, but noted that Apple uses its own form of manipulation with ATT.

European regulators viewed ATT as anti-competitive, but Butler said ATT rightly prioritizes user privacy over ad-tech interests.

Chapell provided research suggesting that Apple's cohort tracking might not be as user-friendly as some advocates have suggested.

Apple’s ad revenue growth in the wake of ATT raised competition and fairness concerns.

Butler called for ad models that allow publisher sustainability without compromising user privacy.
Chapters
00:00 Introduction and EPIC’s role in privacy advocacy
02:30 Apple’s App Tracking Transparency explained
04:45 Ad-tech backlash and regulatory scrutiny in Europe
06:15 First-party vs. third-party data use distinctions
09:50 How tracking and profiling differ across contexts
12:40 Consent mechanisms and why they fail users
15:50 The “double consent” debate under EU law
20:00 Competition concerns and privacy as a design choice
24:30 Publisher monetization and skepticism of tracking’s value
28:00 Intersection of privacy, competition, and market power
31:30 Consumer understanding of ATT and tracking preferences
34:00 Apple’s data use and the question of transparency
37:00 Whether ATT unfairly advantages Apple
41:00 Broader implications for competition and privacy balance
45:30 Parity between ATT and consent systems discussed
48:30 Closing reflections on privacy, fairness, and user control

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54min
November 05, 2025Episode 54: The Enshittification of Everything (including digital media)
Cory Doctorow is a prolific writer of both fiction and non-fiction. His latest book is Enshittification: Why Everything Suddenly Went Wrong and What To Do About It. Cory and host Alan Chapell discuss the three stages of enshittification, its root causes, and the underlying social movement that is critical to addressing (and perhaps even reversing) its impact.
Recognizing that they come at this from very different perspectives, Alan and Cory also go deep into some of the endemic challenges of the ads space while wrestling with pro's and con's of data minimization, contextual advertising and how to offer a private right of action to the enforcement of privacy laws. Alan's Substack on CIPA the VPPA and anti-SLAPP laws is at https://chapell.substack.com/p/can-anti-slapp-save-ad-tech-from and should complement the discussion.
Cory's bio is at ⁠https://craphound.com/bio/⁠ and you can find out more about his book Enshittification at ⁠https://tinyurl.com/y7u698a6⁠.

Takeaways
Enshittification describes how digital platforms decay under monopoly power, shifting value from users to advertisers and then shareholders.

Monopoly and weak regulation allow corporations to capture markets and regulators, eroding user rights and competition.

Loss of interoperability and restrictive IP laws (like the DMCA) prevent users from fixing or improving technology.

Privacy and data exploitation are central to tech monopolies’ power, stronger, simpler rules are needed over complex consent systems.

Behavioral advertising should be replaced by contextual models to reduce surveillance and restore balance for publishers.

Private right of action can help enforce privacy rights when regulators fail.

Global antitrust movements in Europe, Canada, and Asia show more progress than the U.S.

Coalition building across privacy, labor, and antitrust advocates is key to countering corporate concentration.

Chapters
00:00 Introduction and Enshittification explained
04:20 How monopolies cause platform decay
11:15 Market consolidation and regulatory capture
13:30 Tech worker power and the loss of interoperability
20:25 Key issues, privacy, competition, and IP
27:25 Problems with consent-based privacy systems
29:45 Case for banning behavioral advertising
41:25 Enforcement and the role of private litigation
51:00 Antitrust progress and shifting global momentum
55:30 Building coalitions to fight tech monopolies

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1h 7min

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The Monopoly Report

FAQs about The Monopoly Report:

How many episodes does The Monopoly Report have?

The Monopoly Report episodes:

FAQs about The Monopoly Report:

How many episodes does The Monopoly Report have?

More shows like The Monopoly Report

Marketecture: Get Smart. Fast.

AdTechGod Pod