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MLex Market Insight

US presidential election sparks speculation on the future of antitrust, online policy settings

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 13 November 2020

⏱️ 30 minutes

🧾️ Download transcript

Summary

Following Joe Biden’s victory in the US presidential election, attention has now turned to what policy settings are likely to be affected by the new administration. In the world of antitrust, it’s likely that the impact won’t be dramatic, with the transfer of presidential power usually not eliciting substantial shifts in enforcement. However, when it comes to policy affecting online platforms, speculation is mounting that a Biden administration may want to tweak Section 230 of the Communications Decency Act 1996 — the legislation that means tech giants aren’t held accountable for what appears online. Meanwhile, for California’s electorate, Nov. 3 brought with it an additional poll — one that could have an impact on data protection rules across the country.

Transcript

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0:00.0

Hello there. Welcome back to Emlex's weekly podcast covering the top global regulatory stories. James Panicki with you. Thank you for your company.

0:19.2

And we have so much to get through this week,

0:21.5

given that, as I'm sure you're aware, the dust has now settled on the US presidential elections,

0:27.5

and Joe Biden will be the next president of the United States of America. And we'll turn our

0:32.9

attention to the possible impact of a Biden administration on one of our key areas of interest, antitrust.

0:39.3

We'll also take a look at how the outcome might affect Section 230 of the Communications Decency Act 1996.

0:47.3

This is the piece of legislation that means that digital platforms can't be held accountable for what they publish. In fact, they might even dispute

0:55.5

the use of the verb publish. Then we'll take a look at a sidebar issue of the elections, the vote

1:01.5

in favour of Prop 24 in California. Should we care about a state-based referendum? You bet California's

1:09.2

decision to move ahead with a data protection regulator is likely

1:13.6

to reverberate not just around the US, but also around the world. We've got the sharpest

1:19.8

Mlex mines lined up and ready to chat. Jenna Ebersole is a mergers and acquisitions correspondent.

1:26.1

Dave Pereira is a correspondent covering tech issues.

1:29.4

Both of them are in Washington, D.C., and both of them join me now from their homes.

1:34.4

Okay, Jenna, let's start with you.

1:36.1

How has antitrust historically been affected by different parties taking control of the White

1:41.5

House?

1:42.4

So, you know, actually, there haven't been major shifts. If you look

1:45.7

back historically, there's a saying I've heard, which is, you know, antitrust has kind of played out

1:51.1

between the 40-yard lines. You'll have to explain that to those who don't follow American football.

1:56.2

So rather than, you know, end zone to end zone, it's kind of just in the middle, you'll have some changes

2:01.6

at the margins between like Democrats and Republicans. Republicans are generally seen as

...

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