

The Monopoly Report
Alan Chapell
In-depth coverage of big tech's antitrust woes from Marketecture.tv. We are covering the Google search and ad tech trials and everything else happening. Subscribe to our newsletter at https://monopoly.marketecture.tv
Episodes
Mentioned books

Oct 1, 2025 • 46min
Episode 49: Part 1 - Jon Leibowitz and the FTC's role during the early Google Era
Host Alan Chapell is joined by Jon Leibowitz, former chair of the FTC to discuss the Commission's impact on the digital media landscape from 2004 until 2013. In part 1 of the discussion, Chapell and Mr. Leibowitz talk about the FTC's COPPA rethink, the DNT standard, some early FTC attempts to rethink journalism, and some of the antitrust and privacy enforcements against big tech during his tenure. Jon Leibowitz' bio may be found here - https://en.wikipedia.org/wiki/Jon_Leibowitz.
Takeaways
The FTC’s push for “Do Not Track” showed how hard it is to get industry consensus on privacy.
Global Privacy Control may succeed where “Do Not Track” failed, as cookies phase out.
COPPA’s update made pseudonymous data count as personal data, reshaping online advertising.
Age verification measures create new risks, even while aiming to protect children.
Industry self-regulation (like ad icons) fell short, with state laws setting stronger standards.
The FTC’s “bully pulpit” speeches often influenced industry behavior more than enforcement.
Google’s acquisitions (DoubleClick, AdMob, etc.) raised competition questions but were welcomed by much of the ad industry.
The tension between innovation, regulation, and consumer protection continues to shape digital advertising.
Chapters00:00 Introductions & Setting the Scene03:00 Achievements at the FTC: Early Digital Ad Regulation08:00 The Rise and Stall of “Do Not Track”15:00 Protecting Kids Online & COPPA’s Redefinition of Data24:00 Self-Regulation vs. State Regulation in Ads32:00 Antitrust and Google’s Expansion40:00 Closing Reflections on Innovation and Oversight
Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 24, 2025 • 40min
Episode 48: The incredible shrinking definition of EU personal data
UK data protection pro Robert Bateman joins host Alan Chapell to discuss how the EU seems to be heading in the opposite direction than the U.S. as the CJEU narrows the definition of personal data ever so slightly. Robert also shares thoughts on a cookie consent consult taking place in the UK - and gives a prediction on the future of EU to U.S. cross-border transfers.
Takeaways
The definition of personal data has evolved significantly since the GDPR.
Pseudonymization is often misunderstood and oversold in its benefits.
The SRB case clarified the relative nature of personal data definitions.
ICO's consultation may lead to significant changes in cookie regulations.
Cross-border data transfers are essential for the digital economy.
The adequacy decision ensures data safety when transferring data to the US.
Max Schrems' challenges have significantly impacted data transfer frameworks.
The ICO's approach to enforcement may signal a shift in privacy regulations.
The role of journalism is crucial in understanding and shaping data protection issues.
Different perspectives in data protection can foster better dialogue and solutions.
Chapters
00:00 Evolving Definitions of Personal Data
06:03 The SRB Case and Its Implications
11:45 Rethinking Privacy Regulations in the UK
17:59 Cross-Border Data Transfers and Their Importance
29:40 Challenges to the EU-US Data Privacy Framework
35:43 The Role of Journalism in Data Protection
Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 17, 2025 • 39min
Episode 47: The Datatilsynet's Tobias Judin on consent
This week, Tobias Judin from Norway's data protection regulator, the Datatilsynet (and EDPB representative), joins host Alan Chapell to talk about trust, (mis)aligned incentives, and consent in the European ads marketplace. We go deep on the challenges around pay or consent models for digital media as the EDPB plans to issue guidance for the larger publishing industry. Will pay or consent save the publishing industry - or become a drag on data protection law?
Alan refers to the NOYB guidance on pay or consent, so we're sharing that here: https://noyb.eu/sites/default/files/2025-07/Pay_or_Okay_Report_2025_web.pdf.
Takeaways
Data protection can enhance a company's competitive edge.
The EDPB aims for harmonized GDPR interpretation across Europe.
Consent mechanisms are often misunderstood and misapplied.
Behavioral advertising creates challenges for data protection compliance.
The current consent model may not be sustainable long-term.
Pay for consent could lead to inequities in data protection.
Size and scale of data processing influence regulatory focus.
Trust in data handling can lead to increased ad revenue.
The GDPR's fairness principle needs reevaluation.
Data protection is essential for supporting democracy.
Chapters
00:00 Introduction to Data Protection in Europe
01:18 Understanding the Role of the EDPB
04:42 Data Protection as a Competitive Advantage
08:41 The Challenges of Consent Mechanisms
11:54 Proportionality in Data Processing
16:42 The Future of Behavioral Advertising
21:53 The Concept of Pay for Consent
26:58 The Role of Size and Scale in Data Protection Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 10, 2025 • 44min
Episode 46: A legal critique of the Google Antitrust Remedies Decision
This week, host Alan Chapell is joined by Daniel Hanley of the Open Markets Institute as they attempt to make legal sense of Judge Mehta's September 2, 2025, decision in the Google Search Antitrust case. In other words, they outline "WHY" the Google decision is legally problematic.
Takeaways
Judge Mehta’s remedies ruling left major loopholes for Google.
Judicial caution and AI narratives diluted strong enforcement.
DOJ missed chances to highlight Google’s credibility problems.
Structural remedies were avoided despite clear legal precedent.
Publishers and competitors remain vulnerable under weak remedies.
Chapters
00:01 Setting the Stage: Google’s regulatory storm and Mehta’s decision.01:30 From Liability to Remedies: Strong liability ruling vs. weak remedies.04:20 Why the Pullback?: Judicial caution and Google’s AI framing.12:30 Legal Inconsistencies: Contradictory remedies undermine competition.25:10 Appeals and Outlook: Next steps for Google, DOJ, and the states. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 3, 2025 • 42min
Episode 45: Cobun Zweifel-Keegan on the great U.S. state regulatory experiment
Cobun Zweifel-Keegan joins host Alan Chapell to discuss key themes around U.S. state efforts to enforce on privacy AI and consumer protection. We talk about regulatory tension between the federal and state governments, the key areas of focus at the state level and the impact of state enforcement. We also riff a bit on Alan's recent Substack article comparing Spotify's Panama Playlists with the 1987 events leading up to the Video Privacy Protection Act - https://chapell.substack.com/p/why-congress-will-pass-a-privacy. Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 27, 2025 • 47min
Episode 44: Justin Evans and the Optimist's View of Data
Alan Chapell is joined by Justin Evan's where they discuss his book: The Little Book of Data. While designed for business teams, the book (and the podcast) also lights a path that can be helpful to the legal and regulatory folks. Our conversation also makes broader points about the creative process and how to stay relevant in your career by remaining curious.
Check out the Little Book of Data at https://www.harpercollinsleadership.com/9781400248353/the-little-book-of-data/ Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 20, 2025 • 37min
Episode 43: Behind the curtain at the FTC
In this episode, Alan is joined by Shoshana Wodinsky, veteran journalist in the ads space turned tech expert for the Federal Trade Commission. Shoshana offers an unfiltered view of how things sometimes function at the Commission - and shares some insights on how recent FTC policies impact the ads space.
Takeaways
The U.S. lacks a national privacy law, relying on state laws.
The FTC has historically set privacy standards.
Lina Khan's leadership marked a shift in consumer protection.
The Office of Technology was created to address tech issues.
Bureaucracy can slow down regulatory processes significantly.
Investigations can sometimes feel like fishing expeditions.
The FTC's approach to bias in advertising raises questions.
Legal theories in advertising can be complex and vague.
Collaboration among commissioners is crucial for effective regulation.
Upholding the truth is essential in regulatory work.
Chapters
00:00 Introduction to Privacy and Regulation
03:08 The Role of the FTC in Privacy Standards
05:43 Lina Khan's Impact on Consumer Protection
08:53 Navigating Between Technology and Economics
11:33 The Challenges of Bureaucracy in Regulation
14:45 Investigating Bias in Advertising
17:30 The Complexity of Legal Theories
20:16 The Nature of FTC Investigations
23:16 The Balance of Ideology in the FTC
26:32 The Future of Privacy Regulation
29:29 Conclusion and Reflections on FTC Dynamics Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 13, 2025 • 48min
Episode 42: Contextual Integrity in the ads space
In this episode, Alan discusses Contextual Integrity as applied to the ad space with Professor Helen Nissenbaum. They go deep into profiling and the use of PETs. Alan encourages listeners to check out some of Helen's writing at https://nissenbaum.tech.cornell.edu/main_cv.html#pub Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 6, 2025 • 52min
Episode 41: DuckDuckGo on balancing privacy and competition in the ads space
Kamyl Bazbaz and Joseph Jerome from DuckDuckGo join Alan to discuss the role of the browser, the intersection between privacy and competition and how DuckDuckGo differentiates itself within the craziness of larger ads space. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jul 30, 2025 • 39min
Episode 40: Google's Ad Dominance with Ari Paparo
Ari Paparo and Alan Chapell discuss Ari's new book Yield: How Google Bought, Built, and Bullied its Way to Advertising Dominance. They also talk about the potential impact of the fallout of Google's antitrust trials on the marketplace. And Ari provides some insights as to why it's difficult for privacy and regulatory issues to make their way into the C-suite. Learn more about your ad choices. Visit megaphone.fm/adchoices