Biden's pro-competition agenda put to the test as net neutrality, tech trials take shape

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The competition agenda will be put to the test this fall, as the first of the government’s tech anti-monopoly cases plays out in court

Gigi Sohn testifies during a Senate Commerce, Science, and Transportation Committee confirmation hearing examining her nomination to be appointed Commissioner of the Federal Communications Commission on February 9, 2022 in Washington, DC.

"This complaint focused on behaviors that courts have in the past found clearly to be violations of the antitrust laws," Bill Baer, who has served as the top antitrust official at both the FTC and DOJ in different Democratic administrations, said."She didn't need to include theories where the courts either haven't reached or about which they've been more skeptical in the past.

While Khan and Jonathan Kanter, her counterpart at the DOJ, have said they aim to bring cases that they can win, they have indicated they're also willing to bring riskier complaints to push the boundaries of the law. Advocates of reforming antitrust laws have said that it's important for Congress to clarify the law, but antitrust reform has stalled in Congress after a major push last year fizzled out.

 

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