The Ongoing Tale of Two-Sided Markets

Antitrust, Vol. 36, No. 3, Summer 2022

In an article in Antitrust, a magazine published by the American Bar Association’s (ABA’s) Antitrust Law Section, Managing Principal Divya Mathur and coauthor Ankur Kapoor (Constantine Cannon LLP) explore the debate over how to apply the Supreme Court’s decision in Ohio v. American Express Co. in the increasing number of antitrust cases involving multi-sided platforms. The authors summarize the evolution of academic and legal definitions of multi-sided platforms, and explore how the legal and economic analysis of competitive effects for these types of businesses has evolved since the Amex decision. In addition, they discuss the question of how to properly delineate the market or markets in which multi-sided platforms compete and the implications for actual and potential competitors.

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Authors

Mathur D, Kapoor A