The Day

Biden likely to rein in mergers and crack down on big tech.

- By DAVID McLAUGHLIN

Since Joe Biden left office almost four years ago, antitrust enforcemen­t has gone from a backwater of Democratic policymaki­ng to a key tool for reshaping the U. S. economy.

That trend is expected to continue — and could even accelerate — under a Joe Biden administra­tion, according to antitrust experts and those who advised his campaign on competitio­n policy.

Biden will take office as progressiv­es have come to see antitrust enforcemen­t as a means for tackling the power of dominant companies and improving economic outcomes for workers. There’s mounting evidence that many industries have grown more concentrat­ed, contributi­ng to such economic woes as income inequality, declining business investment and stagnant wages.

The new consensus in the antitrust establishm­ent that a tougher approach is needed sets the stage for Biden to take a harder line than Obama did, said Michael Kades, the director of markets and competitio­n policy at the left- leaning Washington Center for Equitable Growth and a former lawyer at the Federal Trade Commission.

“The question isn’t whether a Biden administra­tion will be more aggressive, but how much more aggressive,” said Kades.

Biden last week announced members of teams tasked with reviewing the work of federal agencies to

prepare the incoming administra­tion. The Justice Department team includes Gene Kimmelman, a senior official in the Justice Department’s antitrust division during the Obama administra­tion and now a senior adviser at tech policy organizati­on Public Knowledge. Public Knowledge was a leading voice in arguing for the Justice Department to bring an antitrust case against Google.

Biden also named former FTC deputy counsel Heather Hippsley, a 35- year veteran of the agency, as lead for the FTC transition team.

Antitrust lawyers who advised the Biden campaign produced recommenda­tions for the transition team that supported more robust enforcemen­t, according to two people involved.

At the top of the to- do list will be the Justice Department’s monopoly case against Google for allegedly abusing its dominance in online search. Biden’s Justice Department will take over the lawsuit, which is in the early stages after it was filed in October.

Jennifer Rie, an antitrust analyst at Bloomberg Intelligen­ce, said she expects the Biden administra­tion will continue litigating the case, which she called a “solid lawsuit.” The case could potentiall­y be broadened if state attorneys general file their own lawsuits against the company in the coming weeks and the complaints end up being consolidat­ed, she said.

The Google case, the biggest monopoly action against a company in the U. S. in two decades, marked a sharp reversal in antitrust enforcemen­t. Under Obama, FTC and Justice Department officials stopped a slew of mergers, but they didn’t bring any major monopoly cases.

To advocates of tougher enforcemen­t, the Obama administra­tion was seen as too cozy with Silicon Valley, allowing technology giants like Google and Facebook to vacuum up promising startups and solidify their grip over digital markets.

Since then, a movement has emerged to spotlight the power of dominant companies and push for more aggressive policing of their conduct. By last year, the antitrust landscape had shifted dramatical­ly. Sen. Elizabeth Warren, D- Mass., proposed a plan to break up tech giants while the Justice Department, the FTC and House Democrats opened investigat­ions of the industry’s biggest companies.

In October, a House antitrust probe led by Rep. David Cicilline, D- R. I., produced a 449- page report that said dominant tech platforms had abused their power and called for a revamp of antitrust laws. That report could serve as an antitrust platform for the Democratic Party, said Matt Stoller, research director at the American Economic Liberties Project, which advocates for enforcemen­t against dominant companies.

“This is a very different environmen­t where everybody is saying we have a monopoly problem,” said Stoller. The Biden administra­tion is “going to have to deal with it, and I think they’re open to dealing with it,” he said.

Last week, the European Union hit Amazon. com with a complaint accusing the online retailer of violating antitrust rules for using business data from independen­t sellers on its marketplac­e that could benefit the company’s own retail arm. The case echoes complaints from Warren and Cicilline, who say big tech companies like Amazon should be banned from running platforms that other businesses depend on and competing against those firms.

Biden, along with many lawmakers, may also push for changes to Section 230 of the Communicat­ions Decency Act, the legal shield that protects tech companies from being held liable for their content. Members of both political parties have criticized the clause as one reason the social- media companies were able to usurp the role of traditiona­l media and achieve dramatic growth.

But political difference­s could prevent a legislativ­e solution: Republican­s say Section 230 opened the door for digital platforms to suppress conservati­ve opinions and want the tech companies to do less content moderation. Democrats say the legal shield has allowed the spread of extremist right- wing views and want more content policing.

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