Biden Likely to Be 'Very Receptive' to Big Tech Recommendations, Cicilline Says

Democratic presidential nominee Joe Biden, if he wins the Nov. 3 election, is likely to be “very receptive” to coming legislation from House Antitrust Subcommittee members to implement recommendations from their Tuesday report on competition in the digital economy, subpanel Chairman David Cicilline, D-R.I., said Wednesday. The report called for bills to institute structural separation and line of business restrictions to address alleged abuse of market power by Google, Facebook, Amazon and other major tech companies (see 2010060062).

House Antitrust Democrats hope Biden defeats President Donald Trump because it will mean they will have the “ear” of the administration and its support for “a set of reforms that will bring back competition to the digital marketplace,” Cicilline said during an Athena coalition/Public Citizen virtual event. There’s “no question” Biden “understands” the issues underlying antitrust concerns about the tech sector -- he has always fought “on behalf of working families” and recognizes “the consequences” of the kind of “market dominance” the subcommittee found in its 15-month-long investigation, Cicilline said.

House Antitrust will likely “mark up” the report soon after it returns in mid-November from the preelection recess, and members have already “begun some drafting” of legislation that responds to the subcommittee’s recommendations, Cicilline said. There’s “excitement on both sides of the aisle” about advancing responsive bills, though legislating on some recommendations will be easier than others. Bills addressing some issues “will require more study” and thought, he said. Lawmakers are likely to introduce some bills during the current Congress, but a “whole body” of measures isn't likely until the new Congress convenes in 2021. Rep. Ken Buck of Colorado and other Republicans claimed the Democrats’ report ignored their concerns about anti-conservative political censorship within the tech sector.

Congress and whoever wins the presidential election should consider how to incorporate the subcommittee’s recommendations into broader efforts to revive the economy after the COVID-19 pandemic, Cicilline said. It’s important the federal government doesn’t rebuild the economy in a way that simply re-creates the “failed, broken system” that allowed Big Tech to achieve monopolistic power, he said.

Cicilline recognized that major tech companies and their allies are “going to fight hard against” Congress enacting any of the House Antitrust recommendations, but that’s a “fight worth having.” Those companies have every incentive to “maintain the status quo” and “prevent any real reform,” he said. It’s “silly” for Google and other companies to claim the report is political theater.

Google criticized the House Antitrust Democratic and GOP reports, which it said focused on “outdated and inaccurate allegations from commercial rivals about Search and other services.” The company said it competes “fairly in a fast-moving and highly competitive industry.” The “goal of antitrust law is to protect consumers, not help commercial rivals,” Google said, and breaking up companies and undermining Communications Decency Act Section 230 would harm consumers. Google and Oracle faced skepticism from Supreme Court justices during oral argument on whether Java programming code is copyrightable (see 2010070065).

Athena Director Dania Rajendra and other Big Tech critics said they want Congress to act on legislation based on the House Antitrust recommendations. The report is “an amazing first step,” but Congress “can and should lead” by legislating, Rajendra said. The subpanel showed major tech companies have grown into the “kinds of monopolies we last saw in the era of oil barons and railroad tycoons,” said Demand Progress Executive Director David Segal. They “must be made to contend with the rule of law.” Hill action “can’t end with the report,” said La ColectiVA Organizer Danny Cendejas.