regs to riches
regs to riches
๐ŸŽ  trojan horses
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๐ŸŽ  trojan horses

๐ŸŽ beware of member-driven think tanks bearing gifts

The competition intellectual space is *remarkably* captured. ๐ŸŽฃ

For instance, former Commissioner John Pecman - great guy! - was courageous and vocal upon leaving the Bureau, scoffing that monopoly-friendly Canada โ€œDoes Not Treat Competition Policy Seriously,โ€ in 2019 before being scooped up by Bay Street titan Fasken (of which Google is a client). I am personally a fan of Pecmanโ€™s 2018 Canadian Competition Law Review article, โ€œUnleash Canada's Competition Watchdog: Improving the Effectiveness and Ensuring the Independence of Canada's Competition Bureau.โ€

Google is also a past client of Danny Sokolโ€™s, who co-authored the Macdonald Laurier Instituteโ€™s recent report asserting that Canadians do not need sweeping changes to competition policy to handle Big Tech. But thatโ€™s not something MLI shared. Their membership model is opaque.

Interesting! You can read more about Sokolโ€™s relationship with tech firms in this 2017 Wall Street Journal investigation, โ€œPaying Professors: Inside Googleโ€™s Academic Influence Campaign.โ€ There is also a 2016 ProPublica investigation (*Sokol is not mentioned there).

But then you can also read Daniel in the National Post, seeking to influence public opinion with a big olโ€™ โ€œeverything is fine.โ€

Another recent Macdonald-Laurier Institute collaborator, Robert Atkinsonโ€™s Information Technology and Innovation Foundation is funded by Amazon, Facebook, Microsoft, Google, and others - at least that is transparent.

I feel pretty comfortable saying that a big (and beautiful ๐Ÿ˜‰) reason that he is here โ€œinโ€ Canada regurgitating his cherry-picked data and misleading arguments is me - and you, for reading regs to riches and calling into question the suitability and flexibility of the Competition Act.

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We see this happening elsewhere: technology companies may talk about welcoming regulation privately, but they fund organizations that are pushing for free markets and deregulation publicly. This is all the more relevant as the US-based Internet Association recently announced it was (is?) dissolving. Instead of a formal coalition, perhaps there will be more cloaked reports.

Anyone else?

Well, MLI co-author Anthony Niblett does not disclose that he is the co-founder of โ€œBlue Jโ€ legal, which *could* create a conflict of interest and ultimately risks devaluing his contributions. This is a bit of a reach, but still shows a lack of transparency.

Ed Iacobucci, who wrote this paper โ€œExamining the Canadian Competition Act in the Digital Eraโ€ for Senator Howard Wetston (*BTW it seems to be independently written and not formally associated with the University of Toronto in any way. This can be unfortunately murky) is a funder of Niblettโ€™s Blue J legal. Interesting, isnโ€™t it? Again, itโ€™s important to know what other interests scholars and others could have at play.

๐Ÿ‘‹ Iโ€™ve written about academic capture before in โ€œregs to riches.โ€

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๐ŸŽ“ academic capture
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When think tanks (or individuals) take private funds for sponsored research, but donโ€™t disclose the funders - well, itโ€™s not unlike the bee in my bonnet I have on private label products. Itโ€™s misleading and super uncool. ๐Ÿ

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๐Ÿ‘€ New newsletter Iโ€™m excited about ๐Ÿ‘‡โ€ฆ
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Just like customers should know who or what owns a product on the shelf, readers should know who or what paid for a report and authors should always declare any conflicts of interest.

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Otherwise, this material is kinda just #sponcon masquerading as independent thought leadership.

๐Ÿคณ As it stands, we hold Instagram influencers to a higher bar than we do our think tanks.

Iโ€™m no Donald Abelson, but perhaps the Competition Bureau should set standards for think tanks that compel them to disclose actors that may be funding โ€œresearchโ€ reports. I think it is absolutely unacceptable to put reports forward that obscure who the funder(s) and thus the interests motivating a report are - perhaps a form of misleading advertising/deceptive marketing.

*One mechanism that gets us closer to transparency with certain โ€˜think tanksโ€™ is looking at their annual reports. But the average reader isnโ€™t going to take that step, and it still doesnโ€™t get at the members or funders directly influencing a particular report.

๐Ÿคท Who to trust in the competition space? Well, the Competition Commissioner has concluded that we need a comprehensive review of the Competition Act. I trust his expertise.

The Minister of Innovation, Science, and Industry is โ€œopen to suggestionsโ€ to increase competition in Canada. Thatโ€™s good, I guess. ๐Ÿ‘

I also trust the G7. They recently published a compendium of approaches to improving competition in digital markets. Take a look, and then benchmark Canada against international peers. Spoiler: we are way behind. ๐ŸŒ

And this researcher, who used to work at the Competition Bureau:

Disclosure: we are working together on a project.

So: sometimes itโ€™s good to google the authors.

๐Ÿ˜‰ The key insight from any competing interests is that competition policy in Canada is SO important, that some companies may want to fund โ€œresearchโ€ to convince you that we shouldnโ€™t review the Act. It feels like people are investing in the status quo.

In doing that, they are reinforcing the opposite. It just takes a second to see the #sponcon. Think tanks should be mandated to properly label sponsored research. Thatโ€™s it - thatโ€™s the tweet.

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Warning: if we feverishly text message about an article, it could turn into an op-ed. Thank you to The Hub for the opportunity. ๐Ÿ‘‡


Vass Bednar is the Executive Director of McMaster Universityโ€™s newย Master of Public Policy in Digital Society Program and a Public Policy Forum Fellow.

*Wondering whose opinions these are? Mine alone! ๐Ÿฅ‚

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