Big Tech Companies Escaping Scrutiny from Antitrust Authorities
In a series of significant moves, the U.S. Department of Justice's (DOJ) antitrust division and the Federal Trade Commission (FTC) have launched investigations into four of the world's largest tech companies: Apple, Amazon, Alphabet (Google), and Facebook. These investigations, which could take years to unfold and prosecute, aim to ensure a level playing field and protect consumers from the potential harm of a lack of competition.
The tech giants under investigation are likely to intensify their antitrust compliance efforts, implementing more transparent data practices, reducing self-preferencing, and enhancing cooperation with regulatory bodies. However, the slow process of antitrust investigations might allow these companies to adapt and comply with regulatory expectations, potentially delaying the implementation of remedies and enabling them to maintain their market positions longer.
Critics often argue that fines and penalties imposed on large tech companies are insufficient to deter anticompetitive behavior. For instance, despite significant antitrust fines, companies like Google have continued to dominate their respective markets. The effectiveness of these investigations may also be influenced by the nature of the remedies sought. The DOJ's antitrust division is not a fan of "behavioral remedies" and may seek structural remedies if it finds grounds to sue the big tech companies.
The ongoing investigations against these tech companies are at different stages. The US DOJ has a lawsuit against Apple alleging monopolization in the smartphone market, which was allowed to proceed by a court in June 2025. In the UK, the Competition and Markets Authority (CMA) is investigating Apple's mobile ecosystems under the Digital Markets, Competition and Consumers Act (DMCCA). Amazon, Google, and Facebook are also facing antitrust actions in both the US and the UK.
Despite the reach and resources of these tech giants, they are not immune to market competition. The market has a way of reining in tech giants when they overreach, as shown by the example of Amazon Restaurants, which failed to expand beyond its initial opening in 20 cities and ultimately shuttered.
R. Mark McCareins, a clinical professor of business law who specializes in antitrust issues, believes there is little evidence that these firms have run afoul of antitrust regulation as currently understood and applied. He suggests a more deliberate, wait-and-see approach to competition in highly fluid industries, citing the example of Sears, which dominated retail for decades but was eventually outcompeted by Amazon.
The fate of these tech giants remains uncertain, but one thing is clear: the antitrust investigations are significant and could lead to substantial changes. However, the slow process and potential insufficient penalties might limit their immediate impact on these companies. Their efforts to comply with antitrust regulations and adapt to evolving legal landscapes could further mitigate the effects of these investigations.
References: [1] CNBC, "DOJ sues Google for antitrust violations in major move against Big Tech," 20 October 2020,
- Given the slow process of antitrust investigations, these tech giants might have ample time to adapt to regulatory expectations, potentially delaying the implementation of remedies and enabling them to maintain their market positions for a longer period.
- The effectiveness of antitrust fines and penalties on big tech companies, such as Google, in deterring anticompetitive behavior has been questioned, as these companies have continued to dominate their respective markets despite significant antitrust fines.
