Ownership

The purposes of antitrust law can be broad; the mechanism of antitrust is legal. This is the core of Brandeis’s approach—to find enforceable legal standards that identify harmful industrial conduct in a manner that vindicates social and democratic values through the careful delineation of institutional roles. That job was made easier because Louis Brandeis subscribed to the view that these social and democratic values were all threatened by monopoly; thus by focusing on the practicalities of competition, antitrust statutes could advance broader societal interests as well.

The alliance between Democrats and Silicon Valley has buckled and bent amid revelations that platforms like Facebook and Twitter allowed hateful speech, Russian propaganda and conservative-leaning “fake news” to flourish. But those tensions burst into open warfare after revelations that Facebook executives had withheld evidence of Russian activity on the platform for far longer than previously disclosed, while employing a Republican-linked opposition research firm to discredit critics and the billionaire George Soros, a major Democratic Party patron.

We have tried to rein in the power of telecommunications, media and cable giants for more than 30 years. In these important industries, strong antitrust has only worked when paired with equally strong pro-competition market-opening regulations. Antitrust alone cannot expand the diversity of media and content ownership that relies upon internet distribution. Antitrust alone cannot protect the integrity of individual speech rights that are essential to democratic discourse. And antitrust alone cannot foster innovation and entrepreneurship.

Our 2019 policy priorities lay out a proactive agenda for the new year and the new Congress, to move us closer to building media and communications systems that empower everyone to connect and communicate freely and safely. We’ve identified four major priorities:

I believe that Louis Brandeis’ progressive framework can help us navigate the future of antitrust:

In just over a decade, Facebook has connected more than 2.2 billion people, a global nation unto itself that reshaped political campaigns, the advertising business and daily life around the world. Along the way, Facebook accumulated one of the largest-ever repositories of personal data, a treasure trove of photos, messages and likes that propelled the company into the Fortune 500.

President Donald Trump took part in an event celebrating Diwali Nov 13 at the White House alongside several administration officials. During the ceremony, President Trump teased Federal Communications Commission Chairman Ajit Pai, who was in the room. "I just didn't like one decision he made but that's all right," President Trump said as he was introducing Pai, potentially referencing Pai's decision on a merger between Sinclair and Tribune Media. "Not even a little bit. He's independent," President Trump joked, as the group of administration officials behind him laughed.

President Donald Trump continues to comment on antitrust matters related to media companies he doesn't like, and experts worry the resulting political fray could hinder the Justice Department's ability to independently evaluate mergers. Media companies looking to merge amid an already difficult economic climate now have to consider this reality as a part of their business decisions. 

In the 1990s and 2000s, the web and the internet were new and everything was going to be different forever, and the chaos made it easy to think that bigness—the economics of scale—no longer really mattered in the new economy. After a decade of open chaos and easy market entry, something surprising did happen. A few firms—Google, Facebook, and Amazon—did not disappear. Unfortunately, antitrust law failed to notice that the 1990s were over. Instead, for a decade and counting, it gave the major tech players a pass—even when confronting fairly obvious dangers and anticompetitive mergers.