According to the Wall Street Journal they conclude no: Treating them as utilities would take monopoly as a foregone conclusion. Instead, the Furman report recommends giving “every chance for competition to succeed in digital markets, tackling the factors that lead to winner-takes-most outcomes and to that position becoming entrenched.”
The authors recommend antitrust authorities, when evaluating digital mergers, assign more weight to future, not just current, consumer welfare. Presently, U.K. regulators decide such cases based on a “balance of probabilities,” meaning a merger must be more than 50% likely to substantially lessen competition to be blocked. Instead, the report recommends a “balance of harms” test: a small probability (say, 20%) that the target could one day be a significant innovator and competitor to the acquirer would be enough to block the takeover.
Featured News
Dana, Eaton Strike Auto Parts Deal Worth More Than $10 Billion
Jun 11, 2026 by
CPI
CFTC Proposes New Rules For What’s Allowed on Prediction Markets
Jun 11, 2026 by
CPI
Connecticut vs. California’s Data Broker Laws: New Compliance Challenges
Jun 11, 2026 by
CPI
Spain’s CNMC Clears Eight Business Concentration Transactions in May
Jun 11, 2026 by
CPI
Ryanair Faces UK Competition Probe Over Family Seating Charges
Jun 11, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – (Geo)Political Antitrust
May 28, 2026 by
CPI
Competition Policy in Turbulent Geopolitical Times
May 28, 2026 by
Christophe Carugati & Annabelle Gawer
The New Political Determinants of U.S. Antitrust Policy
May 28, 2026 by
Aziz Z. Huq
The Geopolitical Rewiring of Antitrust
May 28, 2026 by
Hayane C. Dahmen
Three Strikes Against Political Antitrust
May 28, 2026 by
Nolan McCarty & Sepehr Shahshahani