Antitrust and Big Tech: Does New Technology Call for New Rules?

Antitrust law is back at a political crossroads, with both sides calling for a politicized approach to address problems with “Big Tech.” Critics from both parties assert not only that antitrust has been unable to keep up with developments in the high tech, finance, and communications industries, but also that competition law should be weaponized and used as a tool to address broader concerns such as privacy, inequality, and political viewpoint discrimination. Calls to “break up” companies propose an extraordinary remedy, and there are broader questions about the role of antitrust law under Robert Bork’s consumer welfare standard hanging in the balance.

Recently, Senator Amy Klobuchar (D-MN) introduced a bill that would overhaul the past forty-five years of antitrust law by rewriting legal standards, changing guidelines for mergers, and expanding the government’s civil penalty authority. Additionally, the House Judiciary Committee conducted its own investigation and released a report on competition in the digital market.

The University of Kentucky College of Law Student Chapter of The Federalist Society hosts Ashley Baker, Director of Public Policy at the Committee for Justice and Ramsi Woodcock for a discussion of recent proposals and whether reforms to antitrust law are needed.