2022 Will Be the ‘Do Or Die' Moment for Congress to Take Action Against Big Tech

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Proposals to update competition law, install online privacy rights and protect kids’ from harm on the internet have bipartisan support.

, Facebook and Google, which found each wields monopoly power and recommended legislative changes to promote competition in digital markets.

"The window for passing tech antitrust legislation is open until Labor Day. And that's it," Gallant said. Still, the White House will have to decide which legislative priorities to throw its weight behind ahead of a midterm season that will determine how much of Biden's agenda can be carried out before the end of his term. Gallant said among the many priorities,"tech antitrust is on the list." But whether it makes the final cut is still"TBD," Gallant said.

"The enforcement agencies will probably be taking the lead as Congress tries to sort out what is not possible," said Sarah Miller, executive director of the American Economic Liberties Project, which advocates for stronger antitrust measures. The FTC has also reportedly been probing Amazon while the DOJ has reportedly taken on Apple. Of the two, Gallant predicted an Apple lawsuit would be more likely to come in 2022, partially due to resource constraints at the FTC, though he believes it's more likely than not Amazon will eventually face an antitrust challenge as well.

"We're seeing enough indications from agencies that it's a priority that I think it's definitely something that's on the Biden administration's mind and that hopefully next year it will be something they want to act on," she said.

 

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