By Alexis J. Gilman, Akhil Sheth, Angel Prado & Eric Fanchiang
Digital-technology companies and online platforms have revolutionized the way people and businesses work, shop, and interact. Today, however, critics are raising questions — and some are ringing alarm bells — about digital platforms and whether antitrust has failed to sufficiently scrutinize their conduct and allowed them grow too large and powerful. In response, various groups have examined digital market competition, past antitrust enforcement in these markets, and formulated recommendations for updated antitrust enforcement and policy. This article examines the merger-enforcement recommendations of three reports and concludes that they are commendable, thought-provoking studies that contain ideas worthy of consideration. But given existing enforcement mechanisms and recently enhanced efforts by U.S. (and foreign) antitrust enforcers to address competition issues in digital markets, some of the Reports’ recommendations are unnecessary, inadvisable, and, at best, should be delayed until the results of antitrust enforcers’ current efforts to invigorate enforcement can be assessed.