December 18, 2020
Antitrust Actions Beyond the Federal Government: The Potential Impact of State and Private Litigation
While federal antitrust cases against Big Tech have attracted most of the attention in recent months, both state and private actors are bringing their own antitrust lawsuits that have the potential to alter antitrust policy. In a new analysis, AAF’s Director of Technology and Innovation Policy Jennifer Huddleston examines the potential impact of state and private litigation on not only tech companies but also on the economy as a whole. Policymakers at all levels should maintain a principled approach to antitrust and not use it as a tool to accomplish other policy goals, she notes.
With a growing number of likely divergent claims, the current tech antitrust battles could continue for some time and lead to more confusion around the application of antitrust to this dynamic sector of the economy. This may appear to be a short term problem, but uncertainty around the application of competition policy could impact numerous sectors of the economy. Regulators already appear to be increasing scrutiny of acquisitions related to the technology sector well-beyond the tech giants.