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ORCID

Thierry Kirat – 0000-0001-9681-6765

Frédéric Marty – 0000-0002-9881-2036

Keywords

Antitrust, Digital Platforms, US Supreme Court Case Law, Regulation

Abstract

Concerns related to Big Techs have led to a proliferation of legislative initiatives to complete competition rules with regulatory devices that would lead gatekeepers to be subject to obligations to preserve an equality of opportunities on the market. Within this context, this contribution revisits American decision-making practice from the end of the 19th century and the beginning of the 20th century to show how regulatory-type interventions and the enforcement of competition rules have been activated to control the strategies of firms acting as gatekeepers. What we can learn from this experience is that a big firm having private regulatory power carrying out an activity affecting the public interest could and should be subject to specific supervision.

Acknowledgements

Funding

This article received no funding.

Declaration of Conflict of Interests

The author declared no potential conflicts of interest with respect to the research, authorship, and publication of this article.

Declaration about the scope of AI utilisation

The author did not use AI tools in the preparation of this article.

First Page

9

Last Page

36

Page Count

28

Received Date

25.03.2025

Accepted Date

5.07.2025

DOI

10.7172/1689-9024.YARS.2025.18.31.6

JEL Code

K21, K23, L40, N11, N12

Publisher

University of Warsaw

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