Microsoft has begun laying the groundwork to gain regulatory approval for its $68 billion Activision Blizzard bid, assuring D.C. decision-makers the purchase will not improperly advantage its own platforms and services. In an effort at transparency, Microsoft CEO Satya Nadella and president Brad Smith say they’re “sharing where we’re going with members of Congress” and meeting with think tank representatives to compile a best-practices road map to ensure lawmakers and stakeholders the deal presents no threat. Microsoft says it wants Activision’s IP not to dominate existing markets but to help stake its claim in the emerging metaverse. Continue reading Microsoft Takes Its Case for Activision Purchase to Capitol Hill

The Federal Trade Commission is taking an alternative approach to antitrust protections and Big Tech, focusing not on the ultimate harms of monopolies to consumers but rather the damage perpetrated by the giants inflicted on smaller companies that are often their partners. For an agency that since the mid-80s has focused its antitrust actions on the price-gouging or shoddy goods that usually result from consolidation, the new strategy may be an effective way to rein-in companies that offer their services free of charge, like Google and Facebook, or at what appears to be market rate, like Amazon. Continue reading FTC Develops New Antitrust Strategies for Taking on Big Tech

A federal judge has allowed a Federal Trade Commission antitrust lawsuit against Facebook to proceed, denying dismissal, a major victory for the agency as it gears up to take on Big Tech. The FTC claims the company, which since renamed itself Meta Platforms, accrued monopoly power and abused it by harming competition through an acquisitions strategy described as “buy or bury.” The U.S. District Court for the District of Columbia ruling is seen as a warning to tech behemoths like Amazon, Apple and Google and the armies of lobbyists and lawyers employed to protect their interests. Continue reading Judge Rules That FTC Can Proceed with Meta Antitrust Case

The Federal Trade Commission is suing to block Nvidia’s $40 billion acquisition of UK-based semiconductor IP firm Arm, claiming it would stifle competition and hurt consumers. In October, the European Commission cited like reasoning when it launched an investigation into the purchase. Arm licenses its chip and software technology to a about 500 companies, including Apple, Qualcomm, Samsung, TSMC and Nvidia. The major concern is whether the purchase would provide Nvidia an unfair competitive advantage. The global chip shortage and opposition on both sides of the pond dim the deal’s prospects. Continue reading FTC Files Lawsuit to Block $40 Billion Nvidia Purchase of Arm

The Federal Trade Commission is looking into establishing stronger online privacy protections that would hold businesses such as Facebook, Google and Twitter more responsible for how they handle consumer data. The early discussions, under the leadership of new chair and vocal Big Tech critic Lina Khan, are addressing the possibility of introducing FTC regulation due to what is perceived as gridlock in Congress in creating a federal law. Privacy and civil rights groups have advocated for a single federal law — similar to Europe’s General Data Protection Regulation (GDPR) — rather than state laws (or no regulation at all). Continue reading FTC Is Considering the Need for Stricter Online Privacy Rules

President Biden, who named Big Tech critic Jonathan Kanter to lead the Justice Department’s antitrust division last week, has assembled a strong antitrust team to address concerns about the dominant strength and influence of major tech companies across industries including pharmaceuticals, agriculture, healthcare, commerce and finance. If confirmed by the Senate, Kanter will join the Federal Trade Commission’s chairperson Lina Khan, who is known for her work in antitrust and competition law, and Tim Wu, a long-time advocate of breaking up Big Tech who is now Biden’s special assistant for technology and competition policy. Continue reading Biden Assembles a Tough Antitrust Team to Rein In Big Tech

The Federal Trade Commission (FTC), under the new leadership of chairperson Lina Khan, voted unanimously to enforce Right to Repair legislation. The vote will ensure that U.S. consumers will be able to repair their own electronic and automotive devices. The FTC published a report in May excoriating manufacturers for not adhering to the Right to Repair rules, one of them the Magnuson-Moss Warranty Act. The Right to Repair movement has been led by the U.S. Public Interest Research Group and iFixit, among others. Continue reading The FTC Votes Unanimously to Support Right to Repair Laws

Chuck Grassley (R-Iowa) and Amy Klobuchar (D-Minnesota) of the Senate Judiciary Committee are working together on antitrust legislation similar to some of the measures the House Judiciary Committee approved last month. Grassley has yet to offer specific details of proposed legislation but Klobuchar, who is chair of the judiciary panel’s antitrust subcommittee, said a focus on tech companies that offer their own version of products sold by rivals dependent on their platforms is “at the heart of two of the House proposals.” Continue reading Senate Judiciary Committee Pursues New Antitrust Legislation

Margrethe Vestager, executive vice president of the European Commission for A Europe Fit for the Digital Age, is calling for greater global alignment on tech regulation, noting “we do not have a global competition enforcer, but we have global companies.” Vestager added she was “really encouraged” by the Biden administration’s efforts to take similar actions in the U.S. with the 72 actions listed in his recent executive order that focused on Big Tech’s collection of data, surveillance practices and acquisitions of startups. Continue reading EU’s Vestager Calls for Aligned Global Regulation of Big Tech

Social media giant Facebook recently unveiled Bulletin, a near-clone of the newsletter platform Substack. Despite its complicated relationship with journalists, Facebook thinks it can succeed by offering them better terms; whereas Substack takes a 10 percent cut of writers’ revenue, Bulletin will take nothing — at least for now. Best-selling authors Malcolm Gladwell and Mitch Albom will be among the first Bulletin writers. Facebook chief executive Mark Zuckerberg said the goal is to “support millions of people doing creative work.” Continue reading Facebook Targets Substack with Newsletter Platform Bulletin

U.S. antitrust laws date back to the days of Big Oil. When a federal judge this week dismissed antitrust lawsuits brought against Facebook by the Federal Trade Commission and 48 states, experts called for a modernization of the laws themselves. The judge who dismissed the lawsuits said that the FTC didn’t prove its claim that Facebook was a monopoly and the states brought their case too long after Facebook’s acquisitions of Instagram and WhatsApp. Representative David Cicilline (D-Rhode Island) said the U.S. needs a “massive overhaul of our antitrust laws.” Continue reading Legislators Planning to Revamp Antitrust Laws for Digital Era

U.S. District Court for the District of Columbia judge James Boasberg dismissed antitrust lawsuits against social media giant Facebook brought by the Federal Trade Commission and 48 states. The judge said the states waited too long to bring up a case on deals made in 2012 and 2014 and that prosecutors failed to prove that Facebook holds a monopoly over social networking. The FTC can bring the case back in 30 days but the judge said it would require a lot more detail. Facebook’s stock rose 4.2 percent in the wake of the news. Continue reading Court Dismisses FTC, States Antitrust Suit Against Facebook

Senator Kirsten Gillibrand (D-New York) has revisited her Data Protection Act of 2020 to add the creation of a government agency that would regulate and enforce federal privacy laws. She noted that, “Big Tech companies are free to sell individuals’ data to the highest bidder without fear of real consequences … a data privacy crisis is looming over the everyday lives of Americans.” The revamped version, more likely to be passed during the Biden administration, also includes sections on antitrust and civil rights. Continue reading Another Call for the Creation of a Privacy Enforcement Agency

In a largely bipartisan vote, the Senate appointed antitrust law expert and Columbia Law School associate professor Lina Khan as chair of the Federal Trade Commission after earlier adding her to the agency. Senator Amy Klobuchar announced Khan’s appointment as FTC chair. At 32 years of age, Khan is the youngest person to ever join and lead the FTC. The legal scholar has also been a consistent critic of Big Tech, so her confirmation is evidence that lawmakers from both political parties agree that it is time to further evaluate the growing dominance of those companies. Continue reading Antitrust Law Authority Lina Khan Appointed Chair of the FTC

Trade groups representing small merchants in hardware, office supplies, books and groceries are organizing in 12 cities to form Small Business Rising, a coalition for stronger antitrust laws and enforcement of existing ones. They hope new measures will force Amazon to spin off its own business lines that compete with them. The House Antitrust Subcommittee is already considering such legislation but hasn’t yet introduced a bill. Amazon called the efforts “misguided interventions in the free market.” Continue reading Coalition of Small Businesses Aims to Weaken Amazon’s Grip