THE CONSUMER ALWAYS HAS RIGHTS: ENVISIONING A PROGRESSIVE FREE MARKET: Antitrust and Economic Regulation: Essential and Complementary Tools to Maximize Consumer Welfare and Freedom of Expression in the Digital Age

I. PURPOSE AND OUTLINE A. Approach Digital communications platforms, 1 whether offered by a cable, telecommunications, or Internet services company, deliver some of the most important video and Internet content and communications that fuel our democracy, power our economy, and educate our citizenry. However, the economics of these platforms and natural incentives of platform owners create enormous opportunities for competitive abuse and consumer harm unless vigorous public oversight corrects these market imperfections. Dominant broadband service providers like Comcast, Verizon, and AT&T have both the incentive and the ability to cut sweetheart deals with affiliated or favored content providers to maximize profit at the expense of consumers. Service providers' behavior needs to be constrained by antitrust enforcement and regulation that protects affordable consumer access and the free flow of information. Under U.S. law, antitrust enforcement is one critical element necessary to protect consumers and the competitive process. Yet antitrust, by itself, is not enough to harness the marketplace benefits, like competition and efficiency, and potential progressive societal advancements, like universal service and freedom of expression, that digital communications platforms offer. Only with appropriately tempered regulatory oversight and strict antitrust enforcement can cable, telecom, and wireless broadband service providers be driven to offer competitive, nondiscriminatory, innovative, and socially beneficial video and broadband services that maximize consumer welfare in both the economic market and marketplace of ideas. 2 The challenges that policymakers face in stewarding the digital communications sector along a path that promotes and protects ...