Making sense of the sweeping antitrust reform bills in Congress

Those tracking tech policy and regulation would be forgiven for asking: is there something in the water in the nation’s Capitol? In the first half of 2021, U.S. lawmakers have proposed a staggering nine bills–six in the House of Representatives and three in the Senate–to reform federal antitrust laws and supplement them with regulatory backstops.

This comes on top of efforts to reform state laws (for example, New York is considering a major revamp of its antitrust law1https://www.natlawreview.com/article/new-york-antitrust-law-reform-bill-fails-to-clear-assembly), the impact of a change in the composition of the Federal Trade Commission under a new Presidential administration (including the appointment of a progressive antitrust reformer as its Chair)2https://www.nytimes.com/2021/06/15/technology/lina-khan-ftc.html, and a bevy of massive antitrust lawsuits filed by federal and state officials against the largest companies in the world that go to the core of vertically integrated business models in consumer-facing tech markets (more on that here and here).

How to make sense of the laws being proposed in Congress and fit them into the broader U.S. and worldwide context of antitrust enforcement and policy debates surrounding market concentration?

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The government antitrust lawsuits against Google and Facebook: the endgame

In the second of a series of articles on the historic antitrust lawsuits against Google and Facebook, I look at what the endgame may bring for the government plaintiffs and highlight the challenges they face along the way. I also preview the broader legal reforms and regulatory changes that may follow if competition laws reveal themselves unable to reach the conduct at issue in these cases.

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The government antitrust lawsuits against Google and Facebook: what it all means for tech businesses

2020 ended with a whirlwind of US antitrust activity against the tech industry. In a three-month span, state and federal authorities shook off nearly two decades of inaction by filing five separate lawsuits alleging wide-scale violations of the antitrust laws by Google and Facebook. The historic cases go to the heart of what online platforms can and cannot do in dealings with their business users, competitors, and partners. Antitrust now stands front and center in the US debate over how to regulate Big Tech, and the entire industry should take heed.

This first in a series of articles about the landmark antitrust lawsuits against Google and Facebook looks at how the mere filing of these cases signals a reshaping of the legal landscape and what it means for tech businesses, big and small.

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Risks and opportunities in the coming era of online platform regulation

The unregulated era for the digital economy is coming to an end. Governments around the world are done studying digital markets and have moved on to crafting new antitrust laws and regulations that will reshape the relationship that exists between large online platforms and their business users, trading partners, and competitors. The big online platforms will face new legal risks, while the tech companies operating in their spheres of influence will see new legal protections and business opportunities. Everyone will need to keep up with a fast-changing legal landscape.

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Reining in Consumer Big Tech: Antitrust and Beyond

The U.S. House of Representatives recently released a long-anticipated report on the state of antitrust in consumer tech. It found that key gateways and highways online are heavily consolidated around a few Consumer Big Tech giants and that reforms of antitrust laws are needed to inject more competition into the internet.

But while the report’s recommendations are ambitious, they are not enough to take on all of the harmful effects to our culture, economy, and politics caused by consolidated consumer tech markets. One reason is that they do not tackle the law’s foundational shortcomings, which overly complicate the antitrust analysis and must be reformed. The other reason goes to the core of what modern competition laws are and what they are not, which requires looking beyond antitrust to other rules and regulations to rein in the broader societal consequences of bigness in the digital economy.

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