Last month, Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) fired the latest and perhaps most high-profile legislative salvo against Big Tech to date – the proposed American Innovation and Choice Online Act. This Senate bill would update the antitrust laws with the specific goal of reigning in large technology companies. This comes after a year of high-profile hearings in which the Senate Judiciary Subcommittee on Competition Policy, Antitrust and Consumer Rights, under Klobuchar’s direction, has investigated the conduct of Apple, Google, and other big tech companies.
Continue Reading Senate Zeros in on Big Tech with Latest Antitrust Reform Bill
Privacy Now Looms Large in Antitrust Enforcement
Until very recently, if you asked an antitrust lawyer what privacy has to do with their practice, there is a good chance you’d get back a blank stare or a “not much.”
Continue Reading Privacy Now Looms Large in Antitrust Enforcement
Congress Misses Opportunity to Bolster Flagging Cartel Enforcement through Whistleblowers
Congress recently took two steps towards incentivizing private participation in federal cartel enforcement: the permanent adoption of ACPERA, and enactment of the Criminal Antitrust Anti-Retaliation Act. While now companies may have permanent incentives to self-report cartel activity, and whistleblowing employees may be better protected from employer retaliation, no surge in individual cartel reporting should be expected absent direct whistleblower financial incentives, such as found in other federal enforcement regimes.
Continue Reading Congress Misses Opportunity to Bolster Flagging Cartel Enforcement through Whistleblowers