Read The Times Australia

Daily Bulletin

US lawmakers are taking a massive swipe at big tech. If it lands, the impact will be felt globally

  • Written by: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW

Five antitrust laws proposed in the United States aim to aggressively rein in the market power of “big tech” companies and change the way they do business.

The set of bills, introduced on June 11, targets the enormous economic power wielded by the likes of Amazon, Apple, Facebook and Google (owned by parent company Alphabet).

The expansive proposals range from breaking up different businesses run by big tech, to more effectively preventing mergers known as “killer acquisitions”, in which big tech companies buy up rivals to stamp out threats to their market power.

The proposals would represent a massive change to US antitrust laws. US courts applying these laws currently tend to favour the growth of large companies and regard their economic power as a sign of superior economic efficiency.

Each of the bills has some support from both Democrats and Republicans. It’s remarkable the proposals have survived to this stage, in the face of record lobbying by big tech companies in Washington.

Even if only some of the proposals are passed as law, they will likely have significant consequences for the way big tech does business globally.

Read more: 'Big Tech' isn't one big monopoly – it's 5 companies all in different businesses

Who is targeted as “big tech” and why?

The five bills — collectively called “A Stronger Online Economy: Opportunity, Innovation and Choice” — would apply to any “covered platform” which:

  • has at least 50 million active monthly users in the US
  • has an owner with minimum net annual sales or market capitalisation of US$600 billion
  • and is a critical trading partner for the supply of any product or service on or directly related to the platform.

This would capture at least Amazon, Apple, Facebook and Google. The proposals are the result of a 16-month investigation into these companies by the US House Judiciary Subcommittee on Antitrust.

The investigation famously saw the chief executives of Apple, Amazon, Facebook and Google each testify before members of the committee. This culminated in a 450-page report published by the majority Democrats in October last year.

The report slammed various strategies used by the companies as being monopolistic and harmful to innovation, competition and consumers. It said:

To put it simply, companies that once were scrappy, underdog startups that challenged the status quo have become the kinds of monopolies we last saw in the era of oil barons and railroad tycoons.

US lawmakers are taking a massive swipe at big tech. If it lands, the impact will be felt globally Last year, Amazon founder Jeff Bezos became the first person to have a net worth of more than US $200 billion. Bezos will officially step down from his position as CEO on July 5. Blue Origin

How the proposals would change big tech

The measures included in the bills are extensive, but four key proposals stand out. First, big tech companies could be forced to split or sell certain businesses, in cases where running both the business and the platform creates a conflict of interest.

For example, Amazon has been accused of using data gained about third-party sellers in its marketplace, to gain a competitive advantage for its own Amazon Basics products.

Similarly, Apple might be stopped from selling its own products in competition with others in its app store or music store.

Second, platforms could be prevented from advantaging their own products over rivals’ products on their platform, unless they could prove it wouldn’t harm competition.

Google, for instance, has been accused of advantaging its services such as Google Shopping in search results. This kind of preferencing may prevent rival services getting a leg up, even if they offer a better service.

Third, the proposals target “killer acquisitions” made by big tech companies. These refer to cases where Amazon, Facebook, Apple and Google buy up smaller competitors.

These acquisitions may prevent better or more innovative products emerging. They remove a vital competitive threat, and venture capitalists may be discouraged from funding remaining rivals.

Consider WhatsApp, which began as a champion of privacy in instant messaging. Those privacy protections have been eroded since Facebook was allowed to buy WhatsApp in 2014.

Under one of the bills, big tech companies would face greater hurdles to achieve killer acquisitions. It would place the onus on the acquiring company to first prove it doesn’t compete with the target company.

Finally, another proposal would require platforms to allow consumers to easily and securely transfer their digital history on a platform to themselves or to another platform. For instance, they could seamlessly transfer their Facebook history to another platform, and make the switch between platforms without losing their data.

US lawmakers are taking a massive swipe at big tech. If it lands, the impact will be felt globally Last year the US government carried out a detailed antitrust investigation looking at the extent of big tech’s market power. STRF/STAR MAX/IPx

How likely is it the proposals will become law?

Lobbyists for big tech are already hard at work in Washington, arguing such laws would weaken successful US companies, which would then be overtaken by rivals from China.

On the other hand, there are representatives from both major US political parties backing each of the bills, which could increase the chances of success.

However, this doesn’t amount to a general consensus between the parties. Each tends to support measures against big tech for different reasons.

Many Republicans believe the platforms have a bias against their party and want to see more conservative-friendly rivals emerge. Democrats, meanwhile, focus on threats to democracy from the platforms’ economic power and their ability to spread misinformation, including about public health and politics.

While it’s unlikely all the proposals will ultimately become law, the strategy and support from both sides of politics means at least some changes will probably be legislated.

Splitting the measures into different bills also increases the chances some will be passed. If they were all included in one, a lack of support for one or two proposals could stop them all in their tracks.

Consequences in Australia and the world over

The effects of the proposed antitrust legislation will be felt well beyond the US.

Where measures are successfully imposed on a US company, it may decide to implement the same changes globally. For instance, Google last week announced it would make changes to its operations globally to comply with commitments Google made, following abuse of dominance complaints from the European Union (EU).

The EU has already been considering its own more stringent laws against large digital platforms. Lawmakers in other countries are likely to be influenced by these moves.

In Australia, the Australian Competition and Consumer Commission has had its Digital Platforms Inquiry extended into an ongoing five-year inquiry and is expected to make recommendations to government throughout this period.

Read more: ACCC 'world first': Australia's Federal Court found Google misled users about personal location data

Authors: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW

Read more https://theconversation.com/us-lawmakers-are-taking-a-massive-swipe-at-big-tech-if-it-lands-the-impact-will-be-felt-globally-162757

Business News

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...