When Code is Law: Bargains Between News Publishers and Platforms
Rob Nicholls
Competition Policy International News
In July 2019, the Australian Competition and Consumer Commission (“ACCC”) published the final report of its Digital Platforms Inquiry. In that report, the ACCC made two findings of a substantial degree of power. It considers that Facebook has substantial market power in the supply of display advertising and that Google has substantial market power in the supply of both general search services and search advertising services as well as substantial bargaining power in its dealings with news media businesses in Australia. Under section 46 of the Competition and Consumer Act 2010 (Cth), a business with a substantial degree of power in a market is not allowed to engage in conduct that has the purpose, effect or likely effect of substantially lessening competition in a market.
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