The Monopoly Report

The Monopoly Report

By Alan ChapellBusinessNewsGovernmentMarketingBusiness News
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The Monopoly Report episodes

  • Episode 47: The Datatilsynet's Tobias Judin on consent

    This week, Tobias Judin from Norway's data protection regulator, the Datatilsynet (and EDPB representative), joins host Alan Chapell to talk about trust, (mis)aligned incentives, and consent in the European ads marketplace. We go deep on the challenges around pay or consent models for digital media as the EDPB plans to issue guidance for the larger publishing industry. Will pay or consent save the publishing industry - or become a drag on data protection law?

    Alan refers to the NOYB guidance on pay or consent, so we're sharing that here: https://noyb.eu/sites/default/files/2025-07/Pay_or_Okay_Report_2025_web.pdf.

    Takeaways

    • Data protection can enhance a company's competitive edge.
    • The EDPB aims for harmonized GDPR interpretation across Europe.
    • Consent mechanisms are often misunderstood and misapplied.
    • Behavioral advertising creates challenges for data protection compliance.
    • The current consent model may not be sustainable long-term.
    • Pay for consent could lead to inequities in data protection.
    • Size and scale of data processing influence regulatory focus.
    • Trust in data handling can lead to increased ad revenue.
    • The GDPR's fairness principle needs reevaluation.
    • Data protection is essential for supporting democracy.


      • Chapters

      00:00 Introduction to Data Protection in Europe

      01:18 Understanding the Role of the EDPB

      04:42 Data Protection as a Competitive Advantage

      08:41 The Challenges of Consent Mechanisms

      11:54 Proportionality in Data Processing

      16:42 The Future of Behavioral Advertising

      21:53 The Concept of Pay for Consent

      26:58 The Role of Size and Scale in Data Protection

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

      40 min
    • Episode 46: A legal critique of the Google Antitrust Remedies Decision

      This week, host Alan Chapell is joined by Daniel Hanley of the Open Markets Institute as they attempt to make legal sense of Judge Mehta's September 2, 2025, decision in the Google Search Antitrust case. In other words, they outline "WHY" the Google decision is legally problematic. 

       

      Takeaways

      • Judge Mehta’s remedies ruling left major loopholes for Google.

      • Judicial caution and AI narratives diluted strong enforcement.

      • DOJ missed chances to highlight Google’s credibility problems.

      • Structural remedies were avoided despite clear legal precedent.

      • Publishers and competitors remain vulnerable under weak remedies.

        Chapters

        00:01 Setting the Stage: Google’s regulatory storm and Mehta’s decision.
        01:30 From Liability to Remedies: Strong liability ruling vs. weak remedies.
        04:20 Why the Pullback?: Judicial caution and Google’s AI framing.
        12:30 Legal Inconsistencies: Contradictory remedies undermine competition.
        25:10 Appeals and Outlook: Next steps for Google, DOJ, and the states.

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

        44 min
      • Episode 45: Cobun Zweifel-Keegan on the great U.S. state regulatory experiment

        Cobun Zweifel-Keegan joins host Alan Chapell to discuss key themes around U.S. state efforts to enforce on privacy AI and consumer protection. We talk about regulatory tension between the federal and state governments, the key areas of focus at the state level and the impact of state enforcement. We also riff a bit on Alan's recent Substack article comparing Spotify's Panama Playlists with the 1987 events leading up to the Video Privacy Protection Act - https://chapell.substack.com/p/why-congress-will-pass-a-privacy. 

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

        43 min
      • Episode 44: Justin Evans and the Optimist's View of Data

        Alan Chapell is joined by Justin Evan's where they discuss his book: The Little Book of Data. While designed for business teams, the book (and the podcast) also lights a path that can be helpful to the legal and regulatory folks. Our conversation also makes broader points about the creative process and how to stay relevant in your career by remaining curious. 


        Check out the Little Book of Data at https://www.harpercollinsleadership.com/9781400248353/the-little-book-of-data/

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

        47 min
      • Episode 43: Behind the curtain at the FTC

        In this episode, Alan is joined by Shoshana Wodinsky, veteran journalist in the ads space turned tech expert for the Federal Trade Commission. Shoshana offers an unfiltered view of how things sometimes function at the Commission - and shares some insights on how recent FTC policies impact the ads space.

        Takeaways

        • The U.S. lacks a national privacy law, relying on state laws.
        • The FTC has historically set privacy standards.
        • Lina Khan's leadership marked a shift in consumer protection.
        • The Office of Technology was created to address tech issues.
        • Bureaucracy can slow down regulatory processes significantly.
        • Investigations can sometimes feel like fishing expeditions.
        • The FTC's approach to bias in advertising raises questions.
        • Legal theories in advertising can be complex and vague.
        • Collaboration among commissioners is crucial for effective regulation.
        • Upholding the truth is essential in regulatory work.

          • Chapters

          00:00 Introduction to Privacy and Regulation

          03:08 The Role of the FTC in Privacy Standards

          05:43 Lina Khan's Impact on Consumer Protection

          08:53 Navigating Between Technology and Economics

          11:33 The Challenges of Bureaucracy in Regulation

          14:45 Investigating Bias in Advertising

          17:30 The Complexity of Legal Theories

          20:16 The Nature of FTC Investigations

          23:16 The Balance of Ideology in the FTC

          26:32 The Future of Privacy Regulation

          29:29 Conclusion and Reflections on FTC Dynamics

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

          37 min
        • Episode 42: Contextual Integrity in the ads space

          In this episode, Alan discusses Contextual Integrity as applied to the ad space with Professor Helen Nissenbaum. They go deep into profiling and the use of PETs. Alan encourages listeners to check out some of Helen's writing at https://nissenbaum.tech.cornell.edu/main_cv.html#pub

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

          48 min
        • Episode 40: Google's Ad Dominance with Ari Paparo

          Ari Paparo and Alan Chapell discuss Ari's new book Yield: How Google Bought, Built, and Bullied its Way to Advertising Dominance. They also talk about the potential impact of the fallout of Google's antitrust trials on the marketplace. And Ari provides some insights as to why it's difficult for privacy and regulatory issues to make their way into the C-suite.

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

          40 min
        • Epispde 39: The Google Search Antitrust Remedies

          Megan Gray joins host Alan Chapell for a discussion of the various remedies being proposed in the Google Search Antitrust Trial with the DOJ as we head towards Judge Mehta's decision in that case later this summer. 

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

          39 min
        • Episode 38: Impact of FTC v Meta with Brendan Benedict

          The Meta antitrust trial has been undercovered with in the ads space. Host Alan Chapell brings antitrust litigator Brendan Benedict on to get a sense of the core arguments of both the FTC and Meta and make some predictions on how this case will play out. 

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

          49 min

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