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The Monopoly Report

The Monopoly Report

Von: Alan Chapell
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In-depth coverage of big tech's antitrust woes from Marketecture.tv. We are covering the Google search and ad tech trials and everything else happening. Subscribe to our newsletter at https://monopoly.marketecture.tvCopyright (c) 2025 Marketecture Media, Inc. Marketing & Vertrieb Politik & Regierungen Ökonomie
  • Episode 60: Did the CJEU just break the Internet?
    Dec 24 2025
    Professor Daphne Keller joins host Alan Chapell to discuss the implications of the EU Court of Justice decision in Russmedia - demonstrating that "breaking the Internet" is no longer solely the domain of pop stars like Taylor Swift. An expert in platform regulation and intermediary liability, Professor Keller explains how the CJEU's Russmedia decision poses significant challenges for companies operating in the digital media space in Europe. Daphne Keller's bio may be found at https://law.stanford.edu/daphne-keller/. The Chapell regulatory outlook report may be found at https://chapellreport.substack.com/. Takeaways The Russmedia case shifts the EU rules on intermediary liability significantly. Intermediary liability laws aim to balance online safety, free speech, and innovation. The court's decision highlights a long-standing tension as between GDPR and the e-commerce directive. Platforms may now be considered joint controllers of user data under GDPR. Identifying harmful content at scale is a major challenge for platforms. The Russmedia case Chapters 00:00 Welcome and show premise 02:05 Daphne Keller and why Russmedia matters 04:00 Why intermediary liability shields exist 06:20 Distinction between Section 230 in the U.S. (absolute liability shield) and the EU notice and takedown regime under the e-commerce directive. 08:45 GDPRand right to be forgotten as background context. 11:00 Russmedia facts and Romanian state court path 13:45 Advocate General view processor vs controller 16:00 CJEU view as joint controllership is the lynchpin of the case. 23:30 Proactive checks and the general monitoring contradiction 34:40 What platforms can do now and the practical tradeoffs Learn more about your ad choices. Visit megaphone.fm/adchoices
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    39 Min.
  • Episode 59: FTC Commissioner Mark Meador on Digital Media Regulatory
    Dec 17 2025
    Host Alan Chapell welcomes Commissioner Mark Meador of the Federal Trade Commission to talk about the future of conservative antitrust, the importance of protecting kids and the impact of the regulatory environment on the digital media marketplace. Commissioner Meador's bio can be found at https://www.ftc.gov/about-ftc/commissioners-staff/mark-r-meador. The Chapell Report can be found at https://chapellreport.substack.com/ Takeaways Privacy and online safety for children are top priorities for the FTC. The FTC is focused on tangible harms rather than ethereal issues. Antitrust enforcement has seen a bipartisan consensus on the need for more action. The FTC uses 6B studies to understand new markets and inform future regulations. Learning from past FTC experiences is crucial for effective enforcement. AI and deceptive claims are monitored under existing laws. Consumer choice is essential in a competitive marketplace. The FTC is committed to enforcing laws that protect children online. Regulatory actions should avoid creating unintended consequences. Chapters 00:00 FTC Priorities for 2026 03:53 Antitrust Focus and Challenges 07:50 Protecting Children Online 12:08 The Role of 6B Studies 15:54 Learning from Past FTC Experiences 19:41 Addressing AI and Deceptive Claims 23:43 Consumer Choice and Market Dynamics 27:43 Key Takeaways for Digital Media Stakeholders Learn more about your ad choices. Visit megaphone.fm/adchoices
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    38 Min.
  • Episode 58: The EU Digital Omnibus, Part 2: With Peter Craddock
    Dec 10 2025
    Peter Craddock joins Alan Chapell to discuss the EU Digital Omnibus proposal - and debate the value of simplification of the digital privacy rules in Europe. Peter views these changes as pragmatic, while Alan is concerned that we’re trading in one set of ambiguities to another. More on Peter Craddock https://www.khlaw.com/people/peter-craddock. More on Alan's Regulatory Outlook Substack https://chapellreport.substack.com/welcome Takeaways Peter believes the Digital Omnibus changes are intended to add a layer of pragmatism to EU data protection law. The GDPR was designed to enshrine privacy as a fundamental right, but that doesn’t mean privacy should prevail over everything else. You also take into account other fundamental rights: fundamental right of information and freedom of expression. Chapters 00:00 Peter returns and sets the stage for what the EU Digital Omnibus is and why it exists. 04:20 How the proposal and Court of Justice rulings reshape the meaning of personal data for ad tech. 10:00 What pseudonymous companies can argue today under SRB and related cases. 15:40 Why ePrivacy consent rules still bite even if GDPR does not apply. 20:40 Browser-based consent controls and why industry expects pushback. 26:10 How regulators may respond, and why pragmatism is becoming more visible. 35:40 Legitimate interest for AI training versus consent for monetization. 41:00 Whether the changes help smaller players and what uncertainty remains. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    51 Min.
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