Antitrust litigation targeting tech titans: Potential decisions arising from legal disputes faced by tech behemoths
The Biden Administration Pursues Aggressive Antitrust Actions Against Big Tech
Until recently, regulatory actions against Big Tech companies have been minimal, with the lack of antitrust investigations notwithstanding a significant increase in merger filings since 2010. However, the current administration demonstrates a decisive shift in focusing on competitive practices, aiming to reign in the market influence of tech giants such as Google, Apple, Facebook, Amazon, and Microsoft.
The executive orders signed by President Biden on July 9, 2021, promote competition in various sectors, especially targeting Big Tech. The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have been tasked with developing new rules to evaluate mergers and acquisitions and prevent large corporations from acquiring smaller competitors. The FTC is also expected to address concerns related to marketplaces, where platform owners may manipulate access to competitors and promote affiliated companies.
Notably, political appointments suggest a strong stance against tech monopolies. Lina Khan, a critic of Big Tech, became the FTC chair and will oversee these investigations, while Tim Wu, known for his skepticism toward monopolies, serves as the special assistant to the president for technology and competition policy. Both have faced opposition from companies like Google, Facebook, and Amazon, who argue their critical stance may compromises their ability to be objective.
Google currently faces legal challenges from numerous antitrust lawsuits, targeting its dominance in the digital advertising market. In 2025, a federal judge ruled that Google holds an unlawful monopoly over the adtech market, with Google controlling 91 to 93.5% of the global market share in publisher ad-serving technology. As a result, the DOJ is advocating for structural remedies, such as forcing Google to divest key parts of its digital advertising business.
Facebook faces an antitrust lawsuit from the FTC, charging that the company pursued acquisitions of Instagram and WhatsApp to eliminate competition, aiming to consolidate its dominance in social media. Meta, Facebook's parent corporation, denies these allegations, arguing the acquisitions improved consumer experience and challenging the restrictive definition of competitors.
While Apple and Microsoft face less notable attention, Apple has been penalized under Europe's Digital Markets Act alongside Meta for violating competition laws. Microsoft continues to be under regulatory scrutiny globally.
Despite some criticism, the Biden administration's aggressive stance against perceived monopolistic abuses is noteworthy. The potential for structural changes in Big Tech's operations, both in the US and globally, underscores the importance of continued antitrust enforcement. The outcomes of these investigations and subsequent legal battles will shape the future of competition in the technology sector, with lasting effects on consumers and businesses.
Businesses in the technology sector, specifically Google and Facebook, are currently being investigated for potential monopolistic practices by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) under the Biden Administration. These regulatory bodies are expected to address concerns related to marketplaces, mergers, and acquisitions, aiming to promote competition and prevent tech giants from acquiring smaller competitors.
