University of Chicago Legal Forum Volume 2008 | Issue 1 Article 6 Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines Frank Pasquale
[email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Pasquale, Frank () "Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines," University of Chicago Legal Forum: Vol. 2008: Iss. 1, Article 6. Available at: http://chicagounbound.uchicago.edu/uclf/vol2008/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Enginest Frank Pasqualet I. INTRODUCTION Dominant search engines ("DSEs")1 are becoming a hub of convergence culture. 2 They provide an ever-expanding array of t Copyright © 2008 Frank Pasquale. t Loftus Professor of Law, Seton Hall Law School; Associate Director of the Gibbons Institute of Law, Science, and Technology, Seton Hall University. I wish to thank the University of Chicago Legal Forum for asking me to present this Article. Marina Lao, Ellen Goodman, James Grimmelmann, Danielle Citron, and Brett Frischmann offered very insightful comments. 1 We can provisionally define a dominant search engine ("DSE") as one with over 40 percent market share. Google clearly satisfies this criterion in the U.S. and much of Europe. See David S. Evans, Antitrust Issues Raised by the Emerging Global Internet Economy, 102 Nw U L Rev Colloquy 285 ("European Community law and decisional prac- tice ...impose special obligations and significant scrutiny on firms that have market shares as low as 40 percent.").