William Galston

A growing tech-skeptic chorus is drawing attention to the ways in which information technology disrupts democracy. No country is immune. With a better understanding of the principles undergirding both foreign and domestic responses to the threats posed by big tech, each subsequent section in this paper will lay out the specific dimensions of the political and economic problems that have arisen in the digital age, the policy responses and proposals pursued abroad, and the ideas guiding debate in the US.

Judge Brett Kavanaugh, President Trump’s nominee to replace retiring Supreme Court Justice Anthony Kennedy, is less likely to override Roe v. Wade than to rein in the agencies at the heart of the modern administrative state. Here’s why. In 1984, the Supreme Court decided in Chevron v. NRDC that unless Congress has spoken clearly on the subject of a regulation, the courts should defer to an agency’s decision as long as it is reasonable, even if the courts would have reached a different interpretation. Whenever a statute is ambiguous, the agency enjoys wide discretion.

Frequent news of corporate mergers has generated an increased interest in antitrust issues in recent years. This paper examines the history of antitrust legislation in the U.S., discusses the longstanding debate around its purpose, and offers data to demonstrate that, in recent years, it has failed to stem the tide of corporate concentration or decreased competition—with serious consequences. The authors conclude by recommending four reforms to antitrust enforcement that should enjoy consensus.

While fear that big tech can wield excessive influence in our democracy may reflect broader misgivings outside the realm of antitrust law and enforcement, some political concerns about big tech appropriately fall under the purview of antitrust regulation. As Sally Hubbard, a Senior Editor at the Capitol Forum who covers monopolization issues, recently stated in an interview with Vox’s Sean Illing, “Companies like Facebook and Google have had an outsize effect on political discourse because of the ways their algorithms help to promote and spread fake news and propaganda.