Antitrust scrutiny of technology companies in the United States
has reached an unprecedented level of intensity. In the last
several months alone, (1) the U.S. Department of Justice (DOJ)
Antitrust Division and the Federal Trade Commission (FTC) each
announced major investigations into digital platforms; (2) as part
of its own wide-ranging, bipartisan investigation, the House
Judiciary Committee conducted another round of hearings exploring
the impact of digital platforms on competition; and (3) in
parallel, states have launched their own joint investigation of
large technology companies in consultation with the DOJ. These
developments underscore the reality that technology companies of
all stripes – especially digital platforms – are
operating in an increasingly complex, evolving, and fraught
regulatory environment.