It’s becoming clear why neo-Brandeisians like an authoritarian approach to antitrust for Big Tech: Big Tech tends to win when cases are tried on their merits.

Big Tech’s latest win occurred late last week when US District Court Judge Yvonne Gonzalez Rogers ruled in Apple’s favor in Epic Games’ private-action antitrust suit against Apple. Epic — maker of the popular video game Fortnite — filed the lawsuit in an attempt to force Apple to lower its App Store fees (or to perhaps avoid the fees altogether). In the US, private citizens can file antitrust lawsuits if they believe they have been injured by a business practice that violates antitrust laws. Epic’s central claim was that Apple’s App Store is a monopoly that damages Epic through its fees and restrictions on how users can pay for and load apps onto their iPhones.

Read Dr. Jamison’s complete blog post at AEI.