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Daily Journal: Aggressive Antitrust Actions Against Tech Companies Face Skepticism and Judicial Resistance

March 04, 2019

Following the AT&T-Time Warner merger trial, calls for antitrust action to break up powerful technology companies continues to grow. However, these efforts also face rising skepticism and judicial resistance.

Lina Khan is a senior fellow at the Open Markets Institute, which advocates for stronger legislative enforcement in the modern economy. She has argued that by ignoring certain factors, federal regulators have allowed overly dominant market players to emerge in the technology sector.

Ian Simmons, co-chair of O’Melveny’s antitrust group, argued that, “those who advocate this view, I believe, have a high burden of proof if they call for legislative solutions, as the hallmark strength of US antitrust law has been its common law nature and its incremental elasticity.”