By Aldo A. Badini & Susannah P. Torpey (Winston & Strawn LLP)
A potentially significant shift in antitrust enforcement related to big tech, internet, and social media companies has been signaled by recent testimony of the incoming nominees likely to lead the Federal Trade Commission (“FTC”).
For example, Joseph Simons, President Trump’s nominee for chairman of the FTC, testified last month at his confirmation hearing before the US Senate Commerce, Science, and Transportation Committee, suggesting that the FTC may take a more vigorous approach to enforcement actions against tech companies, particularly in the Internet and social media space. Simons, a veteran director of the FTC’s Bureau of Competition under the Bush Administration, is widely expected to be appointed chairman in the near future.
the buck by enforcing in those areas.” Simons did not temper his position by reference to the importance of incentivizing innovation in technology and Internet markets. Nor did Simons address the complexities associated with analyzing market definition and power in these unique and nontraditional markets that are typically characterized by low barriers to entry.
Christine Wilson, another nominee, additionally noted that it made sense to “take another look” at concerns that have been raised in the past, given the evolution of technology. This suggests that the Trump Administration may even reconsider the Obama Administration’s decision to not pursue some previous high-profile complaints in the tech sector.
