Thread by @HoegLaw

So, this is a political document (Democrat-led), and should be taken as such, but it is certainly interesting to see a major House committee declare effectively all current Big Tech companies as monopoly abusers in violation of antitrust laws.

https://twitter.com/jason_kint/status/1313573970353041408

Most notably in respect of Apple, vast weight is given to arguments made by various members of the “Coalition for App Fairness”, including that Apple’s 30% is too expensive, and that they are illegally restricting access to their own hardware.

Will be interesting to see what, if anything, the Republicans add here, but it certainly suggests that a Democrat-led Department of Justice would intend to knock some heads in Big Tech (and that Apple vs Epic will get a bit wilder before the end).

I have my doubts that all of the practices cited here represent illegal restraints as contemplated by Sherman et al, but this does appear a harbinger of a tumultuous period yet to come.

But it is very much worth noting that this is not a legally binding conclusion. If/when DoJ sues one of these parties on these terms they will have to make (and prove) their case to a judge (or, on appeal, judges). Will be interesting to see what follow through there is here.

H/t @thattridentdude

The republicans have filed a comment concurring in the findings of monopoly and abuse (and disagreeing with many of the committee’s recommendations).

For purposes of Apple v Epic that makes for a bipartisan finding.

buck.house.gov/sites/buck.hou…

There is a lot of “forget those lousy judges and their *interpretations*” in both documents.

Not sure about that.

“However, antitrust enforcers have boxed themselves in by relying on judicial interpretations instead of statutory language and Congressional intent. “