Critics of Big Tech companies often cite discriminatory self‐preferencing on their platforms as evidence of damaging anti-competitive conduct.
They deem it unjust, for example, for Google to bump up Google Maps results in its search rankings, for Amazon to use data acquired through third-party sales on its Marketplace to improve its own products, or for Apple iPhones to come preloaded with Apple apps that compete with others on the App Store.
The implicit assumption is that it is “pro-competitive” to insist that all large platforms are as open and neutral between users and businesses as possible, and that so-called vertical restraints—instances where platforms bundle, tie, or self-preference their own products within their platform or marketplace—are inherently damaging to consumers.
This concern has led to two types of ideas for legislative proposals: banning certain forms of self-preferencing conduct unless firms can prove it is core to their business or necessary for privacy or security reasons, and enforcing interoperability between different platforms in the same sector.
Such legislation is based on a false premise and would be economically damaging. The false premise is that these companies are monopolies. But Google Search clearly competes with Bing, Amazon Marketplace with eBay, Meta with TikTok and Snap, and Apple with Samsung, Google, and Microsoft. It’s a mistake to believe we need every platform to have an enforced level playing field of competition for products sold when there is ongoing competitive pressure for the platform marketplace.
More significantly, self-preferencing is common practice throughout different industries. Supermarkets and other retailers, farmers’ markets, shopping malls, and sports stadiums regularly sell their own products, marketing them favorably alongside those of third‐party businesses within their venues or marketplaces. As antitrust expert Herbert Hovenkamp of the University of Pennsylvania has implied, vertical integration is the ultimate form of self-preferencing and is obviously common: “Standard does not pump Texaco gas; KFC does not sell Dairy Queen.”
Nor is self-preferencing synonymous with consumer harm. For example, research has concluded that Google’s entry into the camera app subsector benefited consumers by encouraging significant innovation in competitor apps on Google’s Android platform.
More importantly, consumers often do not just want neutral platforms. Yes, they value an array of products available at low cost. But they also want a trustworthy interface, support services, efficient payment and review systems, accurate searches, speedy access to useful information, and, occasionally, privacy protections.
Microsoft Windows is more open and compatible with third-party software than Apple’s macOS, but it is also more susceptible to viruses. Bills that ban self-preferencing or enforce openness might therefore undermine platform innovations that create different bundles of these features to suit different consumers. All digital platforms must try to strike a balance between attracting third-party business users and offering consumers low prices and a range of products in pursuit of profit.
Often, self-preferencing and other vertical restraints can even enhance competition in other sectors. First, self-preferencing—by granting the host preferential access to an existing set of users—can allow the platform host to launch into wholly new sectors and compete with incumbents. Existing captive user bases and platforms allowed Apple to launch Apple TV Plus, Amazon to launch Prime Video, and Google to launch Chrome, for example.
Second, if self-preferencing behavior can encourage participation on a platform, then in the presence of indirect network effects, business users can reach new customers and compete in new markets. For example, if Apple’s free apps encourage iPhone sales, then Apple app developers benefit from access to a much bigger market.
Similar logic explains why the push for enforced interoperability between different platforms—the idea that you should be able to move your content seamlessly or that platforms should use the same hardware—is misguided.
In time, if consumers desire an ability to switch between platforms easily, companies will be incentivized to provide that functionality. But interoperability can bring tradeoffs regarding the safety and security of the businesses’ products or services.
Furthermore, if enforced through legislation, interoperability can actually deter product innovation, as businesses may face weaker incentives to improve products that coexist with or are shared alongside rivals’ products.
Policymakers should therefore avoid legislation that assumes self-preferencing behavior is anti-competitive or that open, neutral platforms are always desirable.