David Evans, Jan 30, 2015
Software platforms anchor vast global communities of users, application developers, device manufacturers, content providers, advertisers, and others. They drive innovation by enabling entrepreneurs, often anywhere in the world, to develop “applications” and to reach all the users of the platform, often anywhere in the world. These applications are sometimes the foundation of substantial businesses. The value of these software platforms, and their ability to support large communities, depend on the ability of the platform to promote positive externalities and reduce negative externalities. Software platforms usually impose rules and standards and often exclude participants that harm others in the community, and reward participants that benefit others in the community. Competition policy should presume that these governance systems, and the restrictions they place on platform participants—including their possible expulsion from the platform—are efficient and pro-competitive. Software platforms could, however, employ governance systems to foreclose competition. These restrictions, therefore, should not be lawful per se. Rather, courts and competition authorities should employ screens to protect pro-competitive restrictions and isolate anticompetitive ones. The application of these screens should be neutral to the licensing model chosen by the software platform creator. There is, in particular, no basis for imposing limitations that are, in effect, tougher on software platforms that use an open-source license model than on software platforms that use a proprietary license.
Featured News
Bill Gates Urges Congress to Put AI Safeguards Into Law
Sep 27, 2026 by
CPI
Automattic, WordPress CEO Must Face Antitrust Claims in Trademark Dispute
Sep 27, 2026 by
CPI
Apple Faces Class Action Over Apple Pay Fees Charged to Banks
Sep 27, 2026 by
CPI
Linklaters Calls for Tougher UK Test on Antitrust Class Actions
Sep 27, 2026 by
CPI
France Raids Landscaping Firms in Competition Probe
Sep 27, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – National Security
Sep 22, 2026 by
CPI
National Security in U.S. Antitrust Enforcement: Toward a More Disciplined Framework
Sep 22, 2026 by
Rod Rosenstein & Timothy Finley
The Department of War’s M&A Review Guidance: What Companies in the Defense Industry Need to Know
Sep 22, 2026 by
Eric Stocking & Paul Ney
National Security, Resilience and the Boundaries of Merger Control
Sep 22, 2026 by
Beatriz Marques
National Security and Competition: Building Resilient Telecommunications Networks
Sep 22, 2026 by
Roslyn Layton