A conversation about the history of antitrust law, the consumer welfare standard, and the tech giants.

Facebook, Amazon, Apple, Netflix, and Google provide extremely valuable products and services, but their size, market share, and other concerns such as user privacy have led to concerns that they are wielding too much power.  

Proponents of “populist” or “hipster” antitrust advocate for limiting the size of firms. This would require changing the Consumer Welfare Standard, which has been in place since the 1970’s.

Mark Zuckerburg’s testimony before Congress in April 2018 ignited a public debate about whether and how tech companies should be regulated. That debate continues and shows no signs of resolution.

Is it time to revisit the standards used in antitrust law? Our experts explore.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.


Related links:

Robert H. Bork, The Antitrust Paradox

Antitrust Was Defined By Robert Bork I Cannot Overstate His Influence

With Amazon Probe, EU Takes Cue From 'Hipster' Antitrust

Antitrust Cops Look to Retool as Washington Flays Tech Firms

Europe can’t rely on the US to regulate tech giants like Google and Facebook

Most now say government won't do enough to regulate big tech: poll

In the U.S, Many Complaints About Big Tech, Little Action

Big Tech’s Reckoning May Be Imminent After All