DOJ Antitrust Division AAG Proposes New SRO For Digital Markets

On his last day in office, DOJ Antitrust Division Assistant Attorney General Makan Delrahim proposed to policymakers and antitrust enforcers the creation of a hybrid public/private digital oversight model that he dubbed the Digital Markets Rulemaking Board (the "DMRB").

In prepared remarks at a conference hosted at Duke University, Mr. Delrahim likened the proposed model for the DMRB to the MSRB, describing the model as a self-regulatory board composed of industry and public members with the expertise to develop "market-based, non-discriminatory rules to promote market integrity." The DMRB would be empowered to create rulemakings that Mr. Delrahim said should focus on data portability, nondiscrimination, interoperability and self-preferencing.