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.
Recommended Citation
Kirat, T., & Marty, F. (2025). Controlling private economic power: lessons learned from the US experience in the first decades of the 20th century. Yearbook of Antitrust and Regulatory Studies, 18(31), 9-36. https://doi.org/10.7172/1689-9024.YARS.2025.18.31.6
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
