Congress Eyes Antitrust Changes to Counter Big Tech, Consolidation

Congress is considering the most significant changes to antitrust law in decades, including some proposals with bipartisan support. Lawmakers are looking at setting a higher bar for acquisitions by companies that dominate their markets; making it easier for the government to challenge anti-competitive conduct; and potentially forcing some giant technology companies to separate different lines of their businesses. For these measures to become law, lawmakers will have to move beyond their general unease with dominant companies—particularly in the tech sector—and navigate constituencies that don’t agree on whether antitrust law needs a major overhaul or targeted changes.

On March 11, the Senate Antitrust Subcommittee led by Sen Amy Klobuchar (D-MN) launched its first in a series of hearings on antitrust changes. She has offered a package of proposals, including new civil fines for antitrust offenses and changes to legal standards to make it easier to challenge proposed mergers and business practices that threaten competition. Sen Josh Hawley (R-MO) wondered aloud if Congress should consider limiting mergers by dominant companies or banning self-preferencing. The House Antitrust Subcommittee led by Rep David Cicilline (D-RI) will conduct a hearing March 12 to discuss a bipartisan proposal to allow local news outlets to join to negotiate with dominant platforms such as Google and Facebook.