Apple Files to Dismiss DOJ Antitrust Case Against Its Smartphone Business

Person holding an iPhone

Apple has filed a motion to dismiss a case from the United States Department of Justice claiming that it monopolizes the smartphone market using anticompetitive practices making it harder to switch to another phone. Antitrust experts say this case, if won by the DOJ, could set dangerous precedent by granting the government power to more easily define companies as monopolies and practices as monopolistic, and determine what companies must do or cannot do to avoid the label. 

The United States Department of Justice and 16 Attorneys General — including California and the District of Columbia — filed a lawsuit in March alleging Apple illegally monopolizes the smartphone market, such as green boxes with “social stigma” for non-Apple text messages and Apple smartwatch incompatibility with other operating systems. 

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Justice Department Sues Live Nation, Seeks Breakup

Live music festival

The federal government wants to force the divorce of Live Nation and Ticketmaster more than a decade after it allowed the entertainment giants to merge.

“It is time to break it up,” U.S. Attorney General Merrick Garland said Thursday. 

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Jury Rules Google Has Illegal Monopoly, Dealing Blow to Tech Giant

Google lost an antitrust case against popular video game maker Epic Games on Monday, with a jury ruling that the tech giant has an illegal monopoly in its app store.

Epic, which makes Fortnite, alleged that Google stifles competition and imposes excessively costly charges on app makers using its Google Play Store. Epic also alleged that Google illegally connected its app store to its billing service, compelling developers to use both.

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Robert F. Kennedy Jr. Group Sues Mainstream Media Outlets over Alleged Antitrust, First Amendment Violations

Robert F. Kennedy, Jr. announced Tuesday night that he and several other plaintiffs had filed a groundbreaking lawsuit against several major news organizations, accusing them of antitrust and constitutional violations.

During a live interview with Fox News’ Tucker Carlson, Kennedy, chairman and chief litigation counsel for Children’s Health Defense (CHD), said the lawsuit targets the Trusted News Initiative (TNI), a self-described “industry partnership” launched by several of the world’s largest news outlets—including the BBC, The Associated Press (AP), Reuters, The Washington Post, Google Microsoft, Facebook, and Twitter—in March of 2020.  The lawsuit argues that the TNI was launched, in part, because the corporate media organizations believed that smaller independent news outlets were threatening their business models.

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House Passes Sweeping Antitrust Package Targeting Big Tech

The House of Representatives passed sweeping antitrust legislation targeting Big Tech with bipartisan support following a Thursday afternoon vote.

The bill, known as the Merger Fee Filing Modernization Act, passed 242 to 184, combining a trio of antitrust bills designed to limit the impact of Big Tech firms by increasing merger application fees to fund stricter antitrust enforcement, requiring companies to disclose foreign subsidies when applying for a merger and exempting antitrust lawsuits brought by state attorneys general from processes that can result in court cases being transferred to districts more favorable to defenders. The package, passed with 39 Republican votes, was endorsed by the White House on Tuesday as part of its ongoing efforts to beef up antitrust enforcement.

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Google Offers to Break Up to Prevent Antitrust Lawsuit

Google has offered to break apart in a bid to avoid greater punishment for antitrust violations from federal regulators, The Wall Street Journal reported Friday.

The tech giant has raised the prospect of separating a major business operation off from Google—the auctioning and placing of online advertisements—to form a separate entity also under the umbrella of Google’s parent company, Alphabet, people close to Google reportedly told the WSJ. It was unclear if the offer would satisfy the Department of Justice (DOJ), which declined to comment on the story, according to the WSJ.

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Top House Antitrust Lawmakers Held Meeting with Facebook Whistleblower

David Cicilline and Ken Buck

Top lawmakers in the House Judiciary antitrust subcommittee met with Facebook whistleblower Frances Haugen on Thursday, a person familiar with the matter confirmed to the Daily Caller News Foundation.

Democratic Rep. David Cicilline, who chairs the subcommittee, and Republican Rep. Ken Buck, who serves as ranking member, held a meeting with Haugen to discuss Facebook and issues related to social media competition, Politico first reported, citing two sources. A person familiar with the matter confirmed the meeting to the DCNF, and said the lawmakers also discussed potential antitrust reforms, as well as matters related to privacy and social media algorithms.

Buck and Cicilline worked together to advance a series of antitrust bills targeting major tech companies out of the House Judiciary Committee in June, and have both advocated for breaking up Facebook and other large platforms. The antitrust bills are currently set to reach the House floor in November.

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Facebook Fined Nearly $70 Million After Ignoring UK Government Orders

Facebook’s seemingly-unending stream of bad publicity continued this week, when it was fined nearly $70 million by the United Kingdom for what is being described as a deliberate lack of compliance into an anti-trust investigation. 

The UK’s Competition and Markets Authority (CMA) has been investigating Facebook’s acquisition of Giphy for nearly a year, and ordered the company to produce information “required information related to an initial enforcement order (IEO) placed on it by the watchdog, despite repeated requests for it to do so,” according to TechCrunch. 

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Arizona Senate Candidate Blake Masters’ Plans to Tackle Big Tech’s ‘Predatory’ Business Practices

Woman in a red suit on Smartphone

Arizona Senate candidate Blake Masters wants to break up Big Tech and ban their business practices he believes are harmful.

“I think Republicans need to reacquaint themselves with their history of antitrust enforcement, and realize huge concentrations of power in private hands can violate people’s liberties just as much as government,” Masters said in an interview with the Daily Caller News Foundation.

Masters, who announced his candidacy in July, serves as chief operating officer at investment firm Thiel Capital and runs the Thiel Foundation, a philanthropic organization founded by billionaire investor and PayPal co-founder Peter Thiel. He competes in a crowded Republican primary with fellow candidate and current Arizona Attorney General Mark Brnovich for the chance to unseat incumbent Democratic Sen. Mark Kelly in 2022.

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Business Groups Slam Biden’s ‘Flawed’ Competition, Antitrust Executive Order

Joe Biden

President Joe Biden’s competition and antitrust executive order will harm American consumers, groups representing both large and small businesses said.

The leading groups — including the Chamber of Commerce, Job Creators Network (JCN) and the National Association of Manufacturers (NAM) — slammed Biden’s executive order, arguing that it will harm competition and present a host of challenges to small businesses. The business groups said the order is an example of big government attempting to exert control over the free market via onerous rules and regulations.

“This executive order amounts to a bizarre declaration against American businesses, from the largest to the smallest,” Small Business and Entrepreneurship (SBE) Council Chief Economist Raymond Keating said in a statement. “It’s hard to understand why a White House would go down such a path, especially as the economy is digging out from the COVID-19 disaster.”

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Amazon Demands Recusal of Federal Trade Commission Chair from Any Antitrust Investigations

Federal Trade Commission

Tech giant Amazon recently demanded that the chairwoman of the Federal Trade Commission be recused from any antitrust investigations into the company, according to the Daily Caller.

Amazon filed the petition with the FTC on Wednesday, accusing Chairwoman Lina Khan of being biased due to the fact that she “has, on numerous occasions, argued that Amazon is guilty of antitrust violations and should be broken up.” The petition continued by declaring that “these statements convey to any reasonable observer the clear impression that she has already made up her mind about many material facts relevant to Amazon’s antitrust culpability as well as about the ultimate issue of culpability itself.”

The FTC is already conducting several antitrust investigations, including against Amazon; their most recent efforts are focusing on Amazon’s possible acquisition of the film studio Metro Goldwyn Mayer (MGM), a purchase of nearly $9 billion announced last month.

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Apple CEO Tim Cook Reportedly Phoned Pelosi to Warn Her Against Antitrust Bills

House Speaker Nancy Pelosi and Apple CEO Tim Cook

Apple CEO Tim Cook called House Speaker Nancy Pelosi and other members of Congress last week, warning lawmakers that newly proposed antitrust legislation would harm consumers and hurt innovation, five sources with knowledge of the conversations told The New York Times.

Lawmakers introduced a series of antitrust bills that target Facebook, Apple, Google and Amazon, The New York Times reports. The legislative efforts seek to rein in the tech companies by addressing alleged anti-competitive practices and by curbing monopoly power, according to a report by CNET.  

Pelosi pushed back on Cook’s warnings, asking him to name specific policy objections, two sources with knowledge of the conversations told The New York Times.

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Commentary: Big Tech Only Has Itself to Blame for Republican Rethinking of Antitrust

Smartphone with display of social media apps

There are few, if any, political issues that now generate the breadth and intensity of bipartisan backlash as does the rise of Big Tech.

During Donald Trump’s presidency, the major parties largely diverged on their specific grievances against the woke Silicon Valley monopolists who serve as gatekeepers for America’s 21st-century public square. Republicans, by and large, focused on censorship of conservative online speech. Democrats, by contrast, tended to focus on economic concentration; the five American corporations with the largest market caps, for example, are tech behemoths Apple, Microsoft, Amazon, Google Alphabet, and Facebook. This divergence has stymied efforts to rein in the Big Tech oligarchy on issues such as Section 230, the 1990s-era provision permitting platforms to engage in publisher-like content-moderation decisions without being legally treated as publishers.

Conservatives still have myriad concerns with Big Tech’s noxious brew of speech suppressions, shadow bans, and unaccountable deplatformings. Those concerns are both legitimate and justified by Big Tech’s ever-expanding list of misdeeds. But there is an emerging sea change in the way conservatives conceptualize the relationship between Big Tech’s unfettered content-moderation leeway and the sheer economic clout wielded by the relevant corporate actors.

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