1. Breaking Down the Arguments for and against U.S. Antitrust Legislation
- Author:
- Caitlin Chin
- Publication Date:
- 04-2022
- Content Type:
- Working Paper
- Institution:
- Center for Strategic and International Studies (CSIS)
- Abstract:
- In many areas of the world, including the European Union, United Kingdom, South Korea, and Australia, governments are considering new legislation to check the market power of a few dominant technology platforms. Yet some of the most sweeping proposals are taking place within the U.S. Congress. In October 2020, the majority staff of the House Subcommittee on Antitrust, Commercial, and Administrative Law published a set of recommendations to promote competition in technology markets, the result of a 16-month investigation that directed attention to the actions of Alphabet (the parent company of Google), Amazon, Apple, and Facebook (now Meta). The House Judiciary Committee advanced six bills in June 2021 that paralleled many of these recommendations, focusing on the anticompetitive impacts of self- preferencing, mergers and acquisitions, data accumulation, and network effects related to digital platforms. Meanwhile, the Senate Judiciary Committee voted to advance the American Innovation and Online Choice Act and Open App Markets Act in early 2022. While antitrust reform has seen broad bipartisan support in Congress, members of both parties have also expressed concerns that these bills might have unintended consequences. For example, many of the newly proposed restrictions would only apply to “covered platforms” that meet certain size or categorical criteria—which, under current market conditions, would primarily include Alphabet, Amazon, Apple, and Meta. In turn, some critics have asserted that unequal rules could create arbitrary winners or losers in the marketplace and even benefit foreign competitors or bad actors at the expense of U.S. technological innovation. To put these issues into context, below is an overview of seven major bills under consideration in the U.S. House and Senate as well as the related challenges, commentary, and controversies that surround them.
- Topic:
- Science and Technology, Legislation, Antitrust Law, and Emerging Technology
- Political Geography:
- North America and United States of America