OMI Leads Civil Society Groups to Urge Antitrust Investigation into Netflix’s Market Power

The Open Markets Institute, joined by a coalition of leading civil society organizations, sent a letter to federal antitrust enforcers calling for a formal investigation into whether Netflix is engaging in monopolistic practices that harm competition, creators, and consumers in the rapidly evolving video streaming market. The groups request that the Federal Trade Commission and Department of Justice: 

1. Assess whether Netflix possesses monopolistic power in relevant video distribution markets, including any appropriately defined submarkets, such as subscription streaming;
2. Examine whether Netflix has engaged in conduct that may unfairly harm competition, including in how it exercises its leverage over content creators and suppliers;
3. Evaluate whether recent pricing trends reflect fair competitive dynamics or the unfair exercise of monopolistic power; and
4. Consider whether any enforcement action under the Sherman Act, Clayton Act, or Federal Trade Commission Act is warranted to protect consumers and competition.