PhD defence: The Pattern of Antitrust

Free Speech Lessons for Antitrust Law

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On 17 January 2025 Jan Polański defends his PhD thesis at Utrecht University. Its titles is: The Pattern of Antitrust, Free Speech Lessons for Antitrust Law.

Summary

Large technological companies (Big Tech) have much influence over what information appears on Facebook, Instagram, YouTube, and in search engines. This has caused controversy, with some commentators pointing out that Big Tech may engage in private censorship. Private censorship has an impact on what politicians, journalists, and ordinary citizens may say in the digital world. Consequently, the market power of large companies may also have an effect on democratic processes and free speech. 

Antitrust law (competition law) is a branch of law that generally aims to curb undue exercise of market power. Consequently, antitrust law could potentially be used to counter possible negative effects of market power also with regard to free speech and the marketplace of ideas. However, there is a controversy over whether antitrust law should be used in a narrow or broad way. Over the last few decades, the prevailing view has been that antitrust law should be used in a narrower way, focusing primarily on the economic effects of market conduct. This would mean that antitrust law should not pay any special attention to such values as free speech. Under a broader view, in turn, countering the negative effects of market power on free speech, and more broadly democracy, could be taken into account in antitrust enforcement.

This research investigated whether antitrust law could be used to support free speech and the marketplace of ideas, and consequently contribute also to the quality of democratic processes. It found that even under more narrow interpretations, antitrust law is a flexible instrument, and that it could play a role from the point of view of free speech. This means that antitrust enforcement may have positive effects not only on narrowly defined consumer interests but also on citizens’ rights.

Start date and time
End date and time
Location
Academiegebouw, Domplein 29 (Utrecht) en online via deze livestream link
PhD candidate
Jan Jerzy Polański
Dissertation
The Pattern of Antitrust
PhD supervisor(s)
prof. mr. dr. A. Gerbrandy
Co-supervisor(s)
mr. dr. E.S. Lachnit
mr. dr. P.S. Phoa
More information
Full text via Utrecht University Repository