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Antitrust

How big is too big? And when does a company become so big that the government is forced to step in and make it smaller? Politicians have been struggling with those questions for at least a hundred years. But as the latest generation of tech companies has taken shape, the questions are becoming more and more relevant to internet giants like Google and Facebook. There’s a new movement in Washington to break up those companies, whether through a Justice Department lawsuit or an old-school appeal to the Sherman Antitrust Act. It’s a struggle Microsoft fended off in the ‘90s, and it has only grown more urgent in the years since. As Amazon has taken a stranglehold of online retail, Jeff Bezos’ company has started to attract antitrust attention as well, with figures like Sen. Elizabeth Warren and Lina Khan taking aim at Amazon’s cutthroat competitive strategies. If it succeeds, it would be one of the most ambitious government projects in a generation — but success is still a long way off.

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Bernie Sanders takes aim at “Big Tech and all the other corporate monopolists” in his DNC speech.

We must take on Big Pharma, Big Oil, Big Ag, Big Tech, and all the other corporate monopolists whose greed is denying progress for working people.


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WBD, Disney, and Fox’s live sports streaming service might be in trouble.

After Fubo filed an antitrust lawsuit against the trio for its upcoming Venu streaming service, Puck’s Eriq Gardner sat in on an evidentiary hearing overseen by NY District Judge Margaret Garnett:

From the several days of testimony I witnessed — packed with executives, consultants, and economists — it feels like a preliminary injunction might just be on the table... Garnett seems genuinely concerned by the extraordinary influence that could be wielded by an alliance of the sector’s behemoths. 


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DOJ is reportedly considering asking for a Google breakup.

The most likely targets to be spun out are Google’s Android mobile operating system or its Chrome browser, Bloomberg reports. DOJ’s antitrust chief Jonathan Kanter has long signaled he prefers structural remedies (legal speak for breakups) in many cases. Either way, Bloomberg says DOJ is likely to ask for a ban on exclusive contracts the judge found helped reinforce Google’s monopoly. A DOJ spokesperson said it’s evaluating the ruling and “No decisions have been made at this time.”


What Google rivals want after the DOJ’s antitrust trial win

The judge found that Google violated US antimonopoly law, but the rivals say imposing effective remedies is just as critical.

DOJ antitrust chief is ‘overjoyed’ after Google monopoly verdict

AAG Jonathan Kanter says the Google monopoly verdict belongs on the ‘Mount Rushmore of antitrust.’

US v. Google: all the news from the search antitrust showdown

One of the biggest tech antitrust trials since the US took on Microsoft is underway.

Kamala Harris hasn’t said a lot about tech policy, but here’s what we know

This is what we’ve pieced together about her views on AI, privacy, antitrust and more.

Microsoft insists Game Pass isn’t ‘degraded,’ as the FTC claims.

The FTC called Microsoft’s Xbox Game Pass price hike “exactly the sort of consumer harm” it had predicted ahead of the company’s Activision-Blizzard buy.

Microsoft’s response (PDF) claims that with included multiplayer and the upcoming day-and-date release of Call of Duty, the offering isn’t degraded at all.


It is wrong to call this a “degraded” version of the discontinued Game Pass for Console offering. That discontinued product did not offer multiplayer functionality, which had to be purchased separately for an additional $9.99/month. While Game Pass Ultimate’s price will increase, the service will offer more value through many new games available “day-and-date.” Among them is the upcoming release of  Call of Duty, which has never before been available on a subscription day-and-date.
Screenshot: Re: Federal Trade Commission v. Microsoft Corp. No. 23-15992 (PDF)
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The FTC is looking into Amazon’s deal with AI startup Adept.

The agency wants more information about Amazon’s maneuver to hire most of the Adept team and license its technology. Adept said its plans to build “useful general intelligence and an enterprise agent product” would have required “significant attention on fundraising.” The informal inquiry might not lead to an investigation or enforcement, but enforcers are keeping close watch of tech giants and AI.


J.D. Vance is anti-Big Tech, pro-crypto

The former tech investor likes the FTC’s Lina Khan and wants to break up Google, citing its liberal bias.

This is Big Tech’s playbook for swallowing the AI industry

With Amazon’s hiring of the team behind a buzzy AI startup, a pattern is emerging: the reverse acquihire.

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Antitrust enforcer has his eyes on AI, chips.

In a new interview with The Financial Times, Jonathan Kanter says regulators may need to act urgently to keep AI from being controlled by already-dominant tech companies. Kanter has been leading the antitrust charge against tech intermediaries that are “more powerful than the products and services or the entities they intermediate.”


Google waves around a cashier’s check in an attempt to avoid a jury trial

Weirdly, experts say the DOJ’s demand for a jury trial in the Google ad antitrust lawsuit is just as strange.

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Finally!

“It is time to break up Live Nation-Ticketmaster,” said US Attorney General Merrick Garland, in a statement announcing the DOJ antitrust lawsuit.


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Watch the DOJ’s Live Nation-Ticketmaster press conference right here at 11AM ET.

The feds have filed an antitrust lawsuit seeking to break up Live Nation, the parent company of event ticketing giant Ticketmaster, and we’re about to hear more details from the government’s side in this press conference.

Update, May 27th: Replaced live stream link with archive copy from YouTube.


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Live Nation is facing a DOJ antitrust lawsuit, WaPo reports.

The announcement could come as soon as Thursday. Live Nation, which owns Ticketmaster, calls itself “the largest producer of live music concerts in the world.” It’s one of many agents of consolidation that drastically reshaped music.


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“T-Mobile’s merger promises are meaningless.”

Karl Bode, writing for The Verge in 2019 about the propect of higher prices and inevitable post-merger layoffs:

But if you’ve seen telecom mergers go through this process before, there’s plenty of reason to be skeptical. Consolidation tends to make prices higher, connectivity worse, and customer service even more terrible. Pre-merger promises to do better are usually hollow, as consumer advocates, unions, and many antitrust experts all agree.


Why Spotify is still fighting with Apple in Europe

Spotify’s yearslong legal battle against Apple may have finally come to a head.