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Sheppard Mullin's Nota Bene

Nov 14, 2018

Platforms and platform technologies like Amazon, Google, Apple, Uber, Payment Networks and Facebook have been the subject of much regulatory focus as of late. Are potential regulations of these platforms a little too soon and a little too restrictive? Are we risking stifling innovation? Using the recent American Express anti-steering Supreme Court of the U.S. case, we explore the issues facing platforms, participants, and regulators.

My guest on the show today is Nady Nikonova. Nady is an economist and attorney in the Antitrust and Competition Practice Group in the Sheppard Mullin San Francisco office. Her practice focuses on high-technology cartel and monopolization cases. She has special experience applying sophisticated economic analysis to antitrust law.

What You’ll Learn in This Episode:

  • What is a platform exactly and how is it defined?
  • Which company found itself on the other side of a lawsuit by the Department of Justice?
  • What do anti-steering provisions accomplish?
  • Why does the DOJ Antitrust Division take issue with restrictions established by credit card companies?
  • What was the Supreme Court’s decision regarding the American Express case?
  • Did the DOJ Antitrust Division analyze both sides of the platform market in the AmEx case?
  • How far ahead of the U.S. is Europe in investigating platforms?
  • What should new and emerging platform companies know about the risks of entering their markets?
  • How Platform Executives may need to think about the legal landscape impacting their competitive decision-making.

Contact Information:

Nady’s LinkedIn

Sheppard Mullin attorney profile 

Nady’s article - AmEx Ruling May Have a Big Impact on Health Insurance

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.