Platforms

Social media has become as central to free speech as town meeting halls, newspapers and television networks were in prior generations. The internet is the new public square. In recent years, however, Big Tech platforms have become increasingly brazen and shameless in censoring and discriminating against ideas, information and people on social media—banning users, deplatforming organizations, and aggressively blocking the free flow of information on which our democracy depends. This flagrant attack on free speech is doing terrible damage to our country.

Three dozen states and the District of Columbia filed an antitrust lawsuit against Google, alleging that the company operates an illegal monopoly with its Google Play app store. The bipartisan antitrust suit adds to the company’s mounting legal challenges. Led by the state of Utah and filed in the U.S.

The majority of apps people use on their phones in the US come preinstalled by either Apple or Google. That’s the takeaway from a Comscore study that ranked the popularity of preinstalled iOS and Android apps, such as Apple’s Messages, alongside apps made by other developers. The first-of-its-kind report was commissioned by Facebook, one of Apple’s loudest critics. The timing, as Facebook likely intentioned, is apt: Apple and Google are increasingly under scrutiny for how they favor their own services over competitors like Spotify.

The smartphone became what it is by combining the functions of a host of other devices—telephone, camera, web browser, handheld games, music player—into one package. Now that process is moving in reverse.

The Federal Trade Commission passed a pair of pivotal measures expanding its power to regulate anti-competitive business practices, setting the stage for a more aggressive enforcement approach from the embattled agency. In the most aggressive effort, the commission voted to rescind a 2015 “Statement of Enforcement Principles” that restricted the FTC Act’s prescriptions on “unfair methods of competition” to explicit violations of existing antitrust law (specifically the Sherman and Clayton Acts). The vote proceeded along party lines, passing 3-2 with Democrats in the majority.

Over the past four or five years, scholars, politicians, and public advocates have begun to push a new idea of what antitrust policy should be, arguing that we need to move away from a narrow focus on consumer welfare—which in practice has usually meant a focus on prices—toward consideration of a much wider range of possible harms from companies’ exercise of market power: damage to suppliers, workers, competitors, customer choice, and even the political system as a whole.

Democratic members of the House of Representatives have attacked a package of measures being promoted by members of the House Antitrust Subcommittee, as opposition builds to radical proposals that some hope could lead to the break-up of Big Tech. The rift shows how difficult it will be to enact a big shake-up of US antitrust laws, even as President Joe Biden considers signing his own executive order to strengthen regulators’ powers to promote competition in their sectors.

US District Judge Robert Hinkle of the Northern District of Florida blocked a Florida law that would penalize social media companies for blocking a politician’s posts, a blow to conservatives’ efforts to respond to Facebook and other websites’ suspension of former president Donald Trump. The law was due to go into effect July 1, but in issuing a preliminary injunction, the judge suggested that the law would be found unconstitutional. “The plaintiffs are likely to prevail on the merits of their claim that these statutes violate the First Amendment,” Judge Hinkle wrote.

Congress is poised to move forward with a series of sweeping bills meant to rein in big tech companies. In the process, it's creating new questions about the future of the digital economy. That massive tech companies should be regulated more heavily is a rare point of bipartisan agreement in Washington; the push comes as existing antitrust laws are also being tested against several of the biggest companies in ongoing court battles.

A district court in DC dismissed the Federal Trade Commission’s antitrust complaint against Facebook, saying the agency had failed to offer enough facts to prove Facebook has monopoly power in the social media industry. The court said the FTC could file an amended complaint with more details to bolster its case, but the judge voiced outright skepticism that Facebook is a monopoly. “It is almost as if the agency expects the Court to simply nod to the conventional wisdom that Facebook is a monopolist,” District Judge James E.