18 May SOCIAL NETWORK ANTITRUST EXPERT WITNESS CONSULTING, TESTIMONY AND REPORTS
A social network antitrust expert witness knows that the major social media services like Facebook, Twitter, Snapchat, TikTok, Instagram and others have faced increasing antitrust scrutiny in recent years. When these companies get embroiled in lawsuits and investigations, lawyers and law firms frequently make a point to hire advisors to work as social network antitrust expert witness consultants who specialize in the unique competitive dynamics of the space.
- Market definition for social networking – Defining a relevant market is a helpful first step. That means analyzing factors like the nature of social media, potential substitutes, and the geographic scope to determine what products and services should be included in the market definition.
- Network effects and barriers to entry – A number of law firms have argued that social networks exhibit powerful network effects, where a platform becomes more valuable as it gains more users. A top social network antitrust expert witness can evaluate whether or not this is true, and creates an insurmountable entry barrier that deters new competition and entrenches incumbents.
- Data advantages and data leveraging – Major services possess vast troves of user data, which could constitute a leading competitive advantage. Consultants and those employed as a social network antitrust expert witness advisor assess whether control over data raises entry barriers and whether data is being leveraged in exclusionary ways.
- Multi-sided market dynamics – Social networks are said by some to function as multi-sided markets serving users on one side and advertisers/developers on the other. Advisors analyze issues like pricing strategies, platform design choices, and their impacts on the distinct customer groups.
- Anticompetitive acquisitions – Several major acquisitions by companies like Facebook/Instagram and Google/Waze have raised antitrust concerns. And so a social network antitrust expert witness consultant will evaluate whether these mergers may lessen competition by eliminating potential competitive threats.
- Interoperability and data portability – Some argue that increasing interoperability requirements or data portability could help dilute network effects. Advisors opine on whether such policies could feasibly promote competition in social networking.
- Attention markets and consumer choice – Since most social media users don’t pay monetary fees, there are complex debates around consumer choice, quality degradation, and whether “excessive” ad loads or data harvesting could constitute antitrust harms.
The alleged network effects, data-driven advantages, and mutli-sided nature of services raise many unique antitrust questions. By providing insights grounded in industrial organization and platform economics principles, social network antitrust expert witness partners help lawyers address rising issues.
