Competition Policy International - How Self-Preferencing Can Violate Section 2 of the Sherman Act

Daniel Hanley of Open Markets Institute writes in Competition Policy International about how self-preferencing can violate Section 2 of the Sherman Act.

Self-preferencing occurs when a firm unfairly modifies its operations to privilege its own, another firm’s, or a set of firms’ products or services. Extensive domestic and international investigations have confirmed that dominant technology corporations, like Google and Facebook, use self-preferencing to acquire, maintain, and entrench their dominant market position. This article will explain how self-preferencing can violate Section 2 of the Sherman Act. Part 2 of the article will discuss how Congress intended and designed the Sherman Act to prohibit unfair competition. Part 3 will detail the harmful and exclusionary effects of self-preferencing. Part 4 will explain how self-preferencing can violate Section 2 of the Sherman Act by analyzing the statute’s current legal framework, as determined by the Supreme Court, and the statute’s application to historical monopolization cases.

Read the full article on Competition Policy International here.