CPI TALKS… with Phil Weiser

In this edition of CPI Talks, we have the pleasure of presenting an interview with Colorado Attorney General Phil Weiser.

1. 1. Is there a new drive to redefine antitrust rules for the contemporary digital economy? What in your view should the thrust of these rules be? Do you foresee further legislative reform in the U.S., along the lines of developments in Europe and elsewhere?

A central problem, as I have explained previously (including in this congressional testimony),^[1] is that the courts have put too much emphasis on the risks of over-enforcement, while neglecting the risks of under-enforcement. Because the courts have undermined effective antitrust enforcement, with cases like Amex and Qualcomm elevating theoretical justifications for business conduct over rigorous empirical analysis, both legislators and enforcers need to respond. With respect to the digital economy, there are unique challenges when dominant Internet platforms acquire substantial market power and maintain it through anticompetitive means. In addition to enforcement actions, I also believe that legislative action is justified to oversee the conduct of such platforms and to require non-discriminatory access arrangements, as I explain in this letter to Congress.^[2]

1. 2. Technological innovation appears to be accelerating, particularly in certain spaces such as mobile, search, and social media. How can enforcers keep pace? Last year you launched (another) high-profile antitrust suit against Go