The return of Donald Trump to the presidency signals a potential resurgence of antitrust scrutiny for major technology companies. Trump’s recent nomination of Gail Slater, a former aide to Vice President-elect JD Vance, to lead the Department of Justice’s antitrust division underscores this commitment. Trump explicitly stated his intention to rein in “Big Tech,” accusing these companies of stifling competition and infringing on the rights of Americans. This appointment, coupled with Trump’s past actions and recent statements, suggests a renewed focus on challenging the dominance of tech giants like Google, Meta, Apple, and Microsoft.
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A History of Antitrust Action
Trump’s first term saw the initiation of several significant antitrust lawsuits and investigations targeting Big Tech. The DOJ’s lawsuit against Google, alleging illegal monopolization of the search engine market, resulted in a district court ruling against the tech giant in August. This case continues, with the DOJ seeking a potential breakup of Google. Furthermore, the Federal Trade Commission (FTC) under Trump’s previous administration filed a lawsuit aiming to unwind Meta’s acquisitions of Instagram and WhatsApp, a case scheduled for trial in April. An antitrust investigation into Apple was also launched during Trump’s first term, leading to a lawsuit filed by the Biden administration.
Former U.S. President Donald Trump at a SpaceX event.
Key Appointments and Their Implications
Beyond Slater’s appointment, Trump’s nomination of Brendan Carr as Federal Communications Commission (FCC) chair further reinforces the anticipated crackdown on Big Tech. Carr recently sent letters to CEOs of major tech companies, including Google, Microsoft, Meta, and Apple, foreshadowing “broad ranging actions” to address perceived infringements on Americans’ First Amendment rights. Slater’s experience as a tech policy advisor during Trump’s first term and her previous work at the FTC, including advising under the Obama administration, positions her to play a central role in shaping antitrust enforcement.
Brendan Carr, Chairman of the Federal Communications Commission.
Uncertainty Surrounding Lina Khan’s Future
The future of FTC Chair Lina Khan, known for her aggressive pursuit of antitrust actions against tech giants, remains uncertain under the Trump administration. While Khan recently launched an investigation into Microsoft’s cloud computing and AI businesses, it’s unclear whether Trump will replace her and how a potential successor might approach antitrust enforcement.
Lina Khan, Chairwoman of the Federal Trade Commission.
A Complex Landscape for Big Tech
While Trump has expressed strong views on Big Tech’s power, his specific approach to antitrust enforcement remains somewhat ambiguous. He has indicated a preference for fairness over necessarily breaking up companies, raising questions about the extent of potential interventions. Google CEO Sundar Pichai acknowledged Trump’s focus on American competitiveness in technology but offered no specific insights into the future of the ongoing antitrust case against Google.
Conclusion: Increased Scrutiny Ahead
Trump’s return to power, coupled with key appointments and past actions, signals a period of heightened antitrust scrutiny for Big Tech. While the precise nature and extent of future actions remain to be seen, the industry faces a potentially transformative period of regulatory challenges. The coming months will be crucial in determining the specific direction of antitrust enforcement and its impact on the future of the technology landscape.
