Document Type
Article
Abstract
As a mother of two and a South Korean professional studying abroad in the United States, one of my top priorities for our family's time here was to visit Orlando. My children had endured quite a bit of disruption as I pursued my professional goals, and I felt visiting Disney World and Universal Studios would be a bit of recompense. Although I wanted to use a package deal from a Korean travel agency, it was not a good choice because I needed to stay at hotels connected to Disney World and Universal Studios.
Due to the self-preferencing of Disney World and Universal Studios, staying at affiliated hotels was more advantageous and convenient for enjoying the theme parks. Orlando hotel price hikes cannot be solely attributed to market competition; they result from monopolistic dominance and abuse of power by Disney and Universal Studios. The situation appears to have worsened over time, but U.S. competition authorities show no inclination toward regulation. This indifferent stance extends beyond Orlando, as these authorities tolerate self -preferencing on various platforms. We now live under the influence of dominant companies known as GAFA, a situation starkly highlighted in the 2013 Google case, where U.S. authorities gave a green light to self-preferencing practices that led to substantial fines and sanctions in Europe and South Korea, respectively.
Amid growing concern about technology platforms' power, competition authorities recently introduced five antitrust bills, aiming to strengthen the regulation of companies like Google and Amazon. However, judicial uncooperativeness and legislative failures hampered these efforts, and they continue to present challenges for the future. Addressing these challenges will require a macroscopic perspective, emphasizing expert judgment over economic modeling. Comprehensive advocacy efforts should focus on common sense, historical experience, and ethical considerations.
This is more crucial than refining economic models, as the notion that such models alone can prevail against large corporations in court is unrealistic. Agencies have limited resources for economic modeling, while business enterprises possess greater capabilities for not only modeling but also lobbying and legal expenses. Redirecting efforts from economic expertise to comprehensive public outreach is essential.
Recommended Citation
Ha, Eunkwang
(2024)
"Have You Been to Orlando?: In Relation to the Regulation of Self-Preferencing in Antitrust Law,"
South Carolina Journal of International Law and Business: Vol. 20:
Iss.
2, Article 6.
Available at:
https://scholarcommons.sc.edu/scjilb/vol20/iss2/6
