U.S. President Joe Biden delivered remarks and signed an executive order on “promoting competition in the American economy” during an event in the State Dining Room at the White House in Washington D.C. on July 9, 2021. This event marked a significant moment for Biden’s pro-competition agenda, which has been praised by progressives for appointing liberal antitrust enforcers early in his administration. However, the true test of his digital competition agenda will come this fall, as the government’s first tech anti-monopoly case is argued in federal court.
Several long-awaited actions in competition policy and enforcement converged on Tuesday. The Federal Trade Commission (FTC) announced its much-anticipated antitrust suit against Amazon, while the Federal Communications Commission (FCC) chair proposed reinstating net neutrality rules to prevent favoritism by internet service providers. Additionally, the Department of Justice has been litigating its own monopolization suit against Google, which is set to go to trial next year. Despite the boundary-pushing approaches of Biden’s antitrust enforcers, none of the federal tech monopoly trials had begun until now.
While progress is being made, time is of the essence for the Biden administration. With the 2024 presidential election approaching, there is a risk of losing the opportunity to follow through on the actions spearheaded by the administration. This is especially concerning for the implementation of net neutrality rules, as the FCC lacked a Democratic majority until recently. However, Tim Wu, a key architect of the administration’s competition agenda, expressed confidence that net neutrality will prevail, as there is currently no constituency for its repeal.
In terms of specific cases, the FTC filed an antitrust suit against Amazon, accusing it of illegally maintaining a monopoly. However, Bill Baer, a former top antitrust official at the FTC and DOJ, noted that the complaint focuses on behaviors that courts have previously found to be clear violations of antitrust laws. While advocates for antitrust reform have called for legislative clarification, such reform has stalled in Congress. Nevertheless, the outcome of pending and future cases will shape the application of antitrust laws to Big Tech.
Looking forward, Hannah Garden-Monheit, director of Competition Council policy at the White House, believes that Americans will view this moment as a turning point in shifting away from decades of lax enforcement of antitrust laws. Despite the uncertainty of the outcomes, the push for enforcement marks a significant departure from the past.
In conclusion, Biden’s pro-competition agenda faces its first major test with the government’s tech anti-monopoly case. The outcomes of these cases will shape the future of competition policy and enforcement, and the Biden administration’s vision for competition will be put to the test.
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