After a 16-month investigation, the Judiciary Antitrust Subcommittee makes sweeping recommendations to tackle the market power of Big Tech.
An inquiry with theatrical hearings: On 6 October, the Judiciary Antitrust Subcommittee of the US Congress concluded its investigation into competition in digital markets. The inquiry lasted 16 months and was subject to seven congressional hearings, some of which saw the participation of the CEOs of Amazon, Apple, Facebook, and Google.
The final report is 450-pages long: The lengthy report finds that Amazon, Apple, Facebook, and Google have significant market power over ‘large swathes’ of the US economy, and have exploited their power in anticompetitive ways. The report includes recommendations to achieve three objectives – restoring competition in the digital economy, strengthening antitrust laws, and reviving antitrust enforcement. The most striking proposals include structural separation and prohibitions of dominant platforms from operating in adjacent lines of business, and presumptive prohibition against future mergers. The report also recommends rules on interoperability and data portability, and non-discrimination requirements such as prohibition of self-preferencing.
The way forward is far from clear: US Congress members agree on the problems caused by the power of Big Tech, however there is significant division over the solutions to adopt. The Subcommittee’s report was delayed amid political disagreement, and several Republican members of the subcommittee labelled some recommendations as ‘non-starters’. The upcoming US elections could offer an indication of how lawmakers will act on the report’s recommendations.