FTC Quietly Puts September 3 Deadline for Comments on Proposed Ban of “Exclusionary” Contracts
Governments putting a “thumb on the scale” raises serious concerns about violations of the freedom of contract, explains R Street Institute’s Canyon Brimhall. “[T]here is a fundamental concern with the states interfering in private contracts between app developers and the application distribution platforms. Having states put their thumb on the scale for the benefit of one party raises serious questions about the freedom of contract, imposing new conditions on the voluntary arrangements between app stores and developers. These private parties have agreed on the terms and conditions and the resulting contract governs the outcomes. Any changes should be left to negotiations between the contracting parties.”
