How the FTC Is Reshaping the Antitrust Argument Against Tech Giants

By: Wall Street Journal

Date: January 29, 2022

 

For years, activists, lawmakerslobbying groups, think tanks and most Americans have agreed something should be done about giant tech companies’ power. With minor exceptions, no one has figured out how to do it.

Now, U.S. competition regulators at the Federal Trade Commission are getting creative. They’re zeroing in on an issue that has been less prominent in the past: how Big Tech dominance harms not consumers, but the businesses that sell goods and services on those tech platforms.

Since mid-1980s Reagan-era reforms of antitrust law, the test for whether a company is a monopolist has been whether its dominance harms consumers—usually through higher prices or shoddy goods. It has been hard to make that charge stick against companies that offer many of their services free, like Google and Meta Platforms (née Facebook), or at (usually) competitive prices, like Amazon; or that take a cut of what seems to be a big, competitive market, like Apple does with apps.

The FTC, under its Biden-appointed chairwoman, Lina Khan, has been shifting the terms of the argument, focusing less on harm to consumers or even rivals, and more on how the bigness of Big Tech harms companies that are, in essence, its partners.

 

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