Emerging Antitrust Implications For "Fact Checking" Content

Key Takeaways

• A recent statement of interest from the U.S. Department of Justice focuses on "fact checking" efforts as potential antitrust violations due to the potential to suppress competition within the "marketplace of ideas."
• Proposed "truncated analyses" of relevant product features would make it easier for plaintiffs to allege anticompetitive conduct.
• Companies with "fact checking" programs should engage experienced counsel, as such activity may draw heightened scrutiny from DOJ and the Federal Trade Commission.

Is there a marketplace for your ideas? The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) think so, which could implicate any company involved in "fact checking" any type of website, direct messaging, message boards, or social media. "Fact checking" includes removing content believed to include inaccurate or misleading information.