Antitrust Scrutiny Of High-Tech: What Does It Really Mean?

INTRODUCTION

For years the technology sector has received significant antitrust scrutiny, but that scrutiny has increased markedly in recent months. Legislators and political candidates are focusing on leading technology platforms, often demanding more aggressive enforcement and sometimes going so far as to suggest breaking up specific companies, unwinding consummated mergers and applying more stringent standards to acquisitions and business practices in technology markets. Most immediately relevant, antitrust enforcers seem to be directing additional resources into investigations in this space. A successful enforcement action against one or more of the leading digital platforms or the imposition of a new regulatory framework could lead to significant changes in the technology sector. Antitrust enforcers have expressed the view that the existing legal framework is sufficiently flexible to address dynamic technology markets, while simultaneously noting that potential