As incoming head of the Senate antitrust subcommittee, Senator Amy Klobuchar (D-Minnesota) renewed her call to legislate major changes to U.S. trust laws. Specifically, the legislation would prevent companies that dominate in a sector from purchasing other companies unless they can prove the deals don’t “create an appreciable risk of materially lessening competition.” Klobuchar suggested such changes in Congress’ previous session and Republicans largely rebuffed them. Democrat control of the Senate could improve the odds of passage. Continue reading Senator Klobuchar Calls for Tough New Antitrust Legislation

U.S. District Judge Analisa Torres approved the Justice Department’s proposal to terminate the 71-year-old Paramount Consent Decrees, intended to prevent Warner Bros., 20th Century Fox, Paramount and other major studios from owning both the means of production and distribution. Studios such as The Walt Disney Company and Lionsgate that became distributors after the law went into effect were not subject to its rules. Last fall, the Justice Department suggested the Decrees were anachronistic in today’s entertainment ecosystem. Continue reading Judge Rules in Favor of Ending Paramount Consent Decrees

The Justice Department is advancing its antitrust probe of Google with a more specific focus on how its third-party advertising business works with advertisers and publishers. The DOJ is also posing more detailed questions to executives inside the company, its rivals, advertising agencies, ad technology companies and publishers among others. Those questions center around Google’s integration of its ad server with its ad exchange, and Google’s requirement for advertisers to use its tools to buy ad space on YouTube. Continue reading DOJ’s Probe Into Google Focuses on Third-Party Ad Tools

The Justice Department’s antitrust division plans to terminate the so-called Paramount consent decrees governing movie distribution, indicating they are no longer useful. Those rules were established in the wake of a landmark 1948 Supreme Court ruling covering the eight major movie distributors in the U.S. Their end will dramatically change movie distribution. DOJ antitrust official Makan Delrahim noted that streaming services and new business models have opened the door to “consumer-friendly innovation.” Continue reading Justice Department to End the Paramount Consent Decrees

Many public figures have called for the breakup of leading technology companies, but the European Commission’s head of competition Margrethe Vestager is not one of them. She stated that breaking up such companies should be a remedy if it’s “the only solution to [their] illegal behavior.” “We don’t have that kind of case now,” she said, although she didn’t exclude a future possibility. In the U.S., conservatives and libertarians, who often oppose antitrust measures, are also pushing back against the move to break up Big Tech. Continue reading In U.S. and Europe, Some Oppose the Breakup of Big Tech

Under pressure from European Union antitrust head Margrethe Vestager, Google will make it easier for users to choose a competitive search engine. Since Google’s record $4.8 billion fine didn’t “do the trick” to fix the problem, she proposed a “choice screen mechanism.” Beginning March 2020, Google will now offer this screen that allows users to pick a default search engine, and list rival search engines for little or no money. Google said the solution had been “developed in consultation with the European Commission.” Continue reading Google to Let Android Users Choose Other Search Engines

ASCAP and BMI, the two largest U.S. performing rights organizations, have operated under separate 1941 consent decrees. The decrees, designed to protect competition, dictate how ASCAP and BMI (but not rivals SESAC and Global Music Rights) license music. In February, ASCAP and BMI, who are fierce competitors, urged the consent decrees to be updated or ended, and, last year, Justice Department assistant attorney general for the antitrust division Makan Delrahim vowed to examine the decrees to “determine their validity.” Continue reading ASCAP, BMI Urge Government to Update Consent Decrees

The Justice Department approved the merger of T-Mobile and Sprint, respectively the U.S.’s third and fourth largest wireless networks. Critics of the merger, who include several state attorneys general and Democratic presidential candidates, reiterated that the deal would not benefit consumers, a point of view shared, until recently, by DOJ’s antitrust chief Makan Delrahim. He considered the ramifications but changed his mind when both companies agreed to sell portions of their businesses to Dish Network. Continue reading DOJ Okays T-Mobile/Sprint Merger, State AGs Sue to Block

Following weeks of negotiation, Dish Network has agreed to pay about $1.5 billion for T-Mobile and Sprint’s prepaid mobile businesses and about $3.5 billion for their spectrum. The deal’s terms prevent Dish from selling the assets or transferring control of them to a third party for a period of three years. The Justice Department is set now to approve the $26.5 billion merger of the two mobile phone carriers, said sources, which would position Dish to become the No. 4 wireless carrier in the U.S., replacing Sprint. Continue reading Dish Purchase Opens Door to Merger of T-Mobile and Sprint

The Federal Trade Commission fined Facebook about $5 billion for privacy violations, but the sum is considered a slap on the wrist since it neither hurt the company’s bottom line nor limited its ability to collect data. But, since 2016, 43+ countries have passed or introduced laws regulating social media and the spread of fake news, and U.S., European and Canadian regulators have initiated investigations and proposed regulations that will likely be much more draconian. Congress is considering a federal privacy law. Continue reading Facebook in Global Crosshairs for Privacy, Antitrust Issues

A shift in antitrust thinking is gaining momentum in the U.S. as regulators are increasingly scrutinizing Big Tech. Scholars are examining antitrust issues in a context that focuses on the clout of leading companies. Antitrust regulation has historically focused on consumer welfare and whether or not there is economic impact. In recent decades, tech giants such as Amazon, Apple, Facebook and Google have experienced massive growth by offering free or cheap digital services. “People might enjoy using the tech platforms but they are also asking, ‘What kind of society do we want?’” suggests Hal Singer of George Washington University’s Institute of Public Policy. Continue reading Change in Antitrust Thinking Could Be Problem for Big Tech

Apple, Facebook and Google have been preparing for announcements from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) that leading U.S. tech companies were going to be closely scrutinized for evidence of antitrust behavior. The news has sent shares roller-coasting but the three companies’ lawyers are, said sources, taking a “wait-and-see” approach. While Apple has been battling antitrust battles for years and Google has already faced antitrust investigations in the U.S. and Europe, some experts believe Facebook is not as prepared for the coming scrutiny. Continue reading Tech Companies Have Long Prepared for Antitrust Scrutiny

As the Academy of Motion Picture Arts and Sciences mulls over rule changes that would limit the eligibility of content from Netflix and other streaming services, the U.S. Department of Justice weighed in with a warning that doing so could violate competition law and raise antitrust issues. Academy board member Steven Spielberg reportedly has encouraged changes to Oscar eligibility rules, prompting the DOJ’s response. At CinemaCon, movie theater owners are also discussing how Netflix is changing the landscape. Continue reading DOJ Warns Academy New Netflix Rules Could Violate Laws

In the United States, the debate continues about whether control of data is an antitrust or consumer protection issue — or both. Recent indicators show that the Federal Trade Commission, U.S. Department of Justice’s Antitrust Division and state regulators are taking action. The FTC’s new Technology Task Force, made up of agency lawyers in coordination with Consumer Protection Bureau and agency technologists, will examine technology-related matters including prospective and consummated technology mergers. Continue reading New Government Task Force Zeroes in on Tech Regulation

The U.S. Department of Justice stated it is now reviewing the so-called Paramount consent decrees, settlements struck between 1948 and 1952 that govern the way movie studios do business with movie theaters. The DoJ’s announcement was unexpected, and could have major implications for how Hollywood does business. Those 70-year old decrees broke up Hollywood studios’ monopoly over production, distribution and exhibition by making them sell their theater chains. The review is aimed at ending outdated antitrust judgments. Continue reading Department of Justice Revisits Paramount Consent Decrees