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ARTICLE · 11 JANUARY 2021

Breaking Trusts: Is Big Tech In Big Trouble?

Khaitan & Co.
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Adam Smith's free-market economy pivots around minimal government intervention so that markets can self-regulate and operate optimally.

IndiaAntitrust/Competition Law

Adam Smith's free-market economy pivots around minimal government intervention so that markets can self-regulate and operate optimally. Unfortunately, in many cases, such environments allow the rise of monopolies through organic or inorganic growth. While true monopolies are rare in a free market economy, lack of government intervention often allows the rise of a single large player with many minor players with limited competitive ability. In these situations, the large firm is considered to have “monopoly power”.

Interestingly, the genesis of competition / antitrust laws came as a response to the rise of firms with monopoly power in the 1880s and 1890s in America. With the principle, “if we will not endure a king as a political power, we should not endure a king over the production, transportation, and sale of any of the necessaries of life”, the Sherman Antitrust Act of 1890 (Sherman Act) came into force to break the dominance of various “trusts” (i.e., large

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