The Business, Entrepreneurship & Tax Law Review


Beginning in the late 19th and 20th centuries and extending into present day, United States antitrust legislation has sought to safeguard consumers and maintain fair competition among businesses. While the purpose of antitrust legislation has always been to encourage free market principles, changing technologies within re-cent decades, as well as the rise of so-called “Big Tech”, has disrupted the “traditional” business landscape. This article begins with a general history of antitrust legislation within the United States in an effort to provide context regarding legislators’ recent push for legislation targeting Big Tech giants. In analyzing recent antitrust legislation, this article provides insights regarding the potential dangers which could result from the passage of these bills. Ultimately, this article argues that American legislators, and more generally Americans at large should consider the potential unintended consequences the passage of these bills could have for businesses, and more specifically the tech industry, at large.

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