House Republicans had a rough start to the new year, with internal squabbles delaying the instatement of House Speaker Kevin McCarthy. Now, Republicans have to find a rallying point — otherwise, they risk wasting the next two years. Thankfully, one proposal provides a clear path toward building unity in Congress: the Tougher Enforcement Against Monopolies Act from Utah Sen. Mike Lee.
Growing animosity towards large online platforms and Democrats’ inability to pass significant legislation in the last Congress presents just the opportunity Republicans need to gain momentum in the House. More importantly, distrust of large online platforms is one of the few issues that the vast majority of lawmakers already agree on.
When Democrats won the White House and cemented control of Congress in 2020, they promised to address growing public distrust of large tech platforms by using their supermajority to rein in Big Tech. Some Democrats even went so far as to call for Rooseveltian trust-busting that would have dismantled many of the platforms that users have come to enjoy and rely on.
While calls to “break up Big Tech’’ never made it into serious legislative discourse, other ideas received much more attention. No tech-focused bill received as much attention as the American Innovation and Choice Online Act which would have banned large online platforms from preferencing their own products and services over those of third parties. In spite of bipartisan sponsorship and lip service from the White House and Senate Majority Leader Chuck Schumer, Democrats failed to get the legislation over the finish line.
Now that Republicans are in charge, it’s their turn to make good on promises to rein in Big Tech, and fortunately, they have a much less radical proposal before them that holds real promise.
The TEAM Act has three primary components. First, it would strengthen antitrust laws by codifying the consumer welfare standard and requiring companies to justify mergers and acquisitions that could give them market dominance. Second, it would strengthen antitrust enforcement by significantly increasing the funding provided to antitrust enforcers, granting them the resources necessary to pursue complex litigation. Finally, it would strengthen antitrust remedies by allowing antitrust enforcers to recover more damages and impose stronger fines for violating antitrust laws.
Unlike AICOA, which was an unworkable proposal intended to punish large tech companies, the TEAM Act seeks to address legitimate concerns about competition across all sectors of the economy. Its only major flaw is a provision that would effectively eliminate the Federal Trade Commission and place all antitrust enforcement authority with the Department of Justice. Such a substantial change to the structure of federal antitrust enforcement is a political nonstarter that faces strong opposition from both congressional Democrats and the FTC itself. With this provision removed, and the full-throated support of Republicans in Congress, the TEAM Act has the potential to become law.
Passage of the TEAM Act would empower federal antitrust enforcers to address many of the business practices that have led policymakers and the public to distrust Big Tech, and it would do so while leaving room for innovation in the tech industry. Thus, Republicans could make good on their campaign promises without hamstringing one of America’s most important industries.
The past few years have been turbulent for Republicans. Discord surrounding the opening of the 118th Congress is only the latest indication of disunity. To avoid wasting the next two years on partisan infighting and to present a positive agenda to the American public, House Republicans could rally behind their distrust of Big Tech and support the TEAM Act.
Luke Hogg (@LEHogg on Twitter) is the director of outreach at Lincoln Network where his work focuses on the intersection of emerging technologies and public policy.