The FTC and DOJ are relying on faulty antitrust theories to single out digital platforms, tech industry groups told the agencies in comments on enforcers’ review of merger guidelines (see 2204080056). Sector-specific antitrust laws are appropriate due to the unprecedented control companies like Amazon, Facebook and Google have over digital markets, consumer groups told the agencies.
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
The Senate Judiciary Committee is eyeing a markup for the Journalism Competition and Preservation Act (S-673) during the upcoming work period, industry officials told us Wednesday (see 2202280066). New bipartisan language under consideration for S-673 would ensure print and broadcast journalism outlets aren’t discriminated against based on viewpoints expressed in content.
Expect the FTC to quickly initiate a comprehensive privacy rulemaking after nominee Alvaro Bedoya is confirmed (see 2204150063), former officials and advocates said in interviews.
Elon Musk offered to buy Twitter Thursday and take it private, saying he wants to transform the platform and defend free speech. The Tesla CEO and Twitter shareholder announced his bid through an SEC filing, in which he offered to buy 100% of Twitter at $54.20 per share, estimating the value of the company at $43.4 billion.
The U.S. Privacy Shield ombudsperson reviewed zero European complaints about U.S. surveillance practices during two years under the agreement (see 2203250002 and 2104070058), U.K. Information Commissioner John Edwards said Wednesday.
The FTC’s Democratic leadership set “very high” expectations for expanding the agency’s authority that aren’t in line with legal realities, Commissioner Noah Phillips said Tuesday. He spoke at the International Association of Privacy Professionals’ global privacy summit the day after Chair Lina Khan opened the conference, telling attendees the agency is considering new marketwide rules to provide clear notice and more efficient enforcement.
Antitrust filing fees should be increased and enforcer deadlines extended to reflect modern markets, FTC Chair Lina Khan said Friday. Congress’ assumptions when the Hart-Scott-Rodino Act passed in 1976 are now severely outdated, considering the recent surge in merger filings, she said during the American Bar Association’s antitrust law spring meeting in Washington.
The Senate Commerce Committee is considering marking up a Section 230-related bill from Senate Minority Whip John Thune, R-S.D., and Sen. Brian Schatz, D-Hawaii, Thune told us Wednesday. Thune and Schatz introduced the Platform Accountability and Consumer Transparency (Pact) Act (see 2103170058) in 2020. “I’ve been told by some of the leading Dems that we think we’re going to get a markup on it, but I don’t know that it’s been confirmed,” Thune told us Wednesday. Schatz said he “heard things. ... You should keep your eyes open. Just look for hearing notices, etc.”
Legislation that permits "cartel behavior," like the bipartisan journalism bill (see 2202280066), is “more likely to hurt the public than to help it,” FTC Commissioner Noah Phillips told us Tuesday. Introduced by Sens. Amy Klobuchar, D-Minn., and John Kennedy, R-La., the Journalism Competition and Preservation Act (HR-1735/S-673) would allow news publishers to negotiate revenue sharing with online platforms through an antitrust exemption.
It’s not the FTC’s job to remedy illegal transactions if parties propose “facially anticompetitive deals,” Chair Lina Khan said Monday during an enforcers’ summit with DOJ’s Antitrust Division. Some transactions are illegal on the face, and enforcers need the tools and confidence to block, she said. The FTC’s Republican commissioners didn’t appear at the summit.