Last year, Springboard highlighted how regulators’ hard line against the Amazon-iRobot merger would make it harder for a U.S. robotics pioneer to compete and invest. Now, iRobot has announced that it filed for Chapter 11 bankruptcy and is preparing to be acquired by its Chinese manufacturer and lender, Picea.  iRobot’s demise is a case study […]

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The FTC’s recent defeat in its challenge to unwind a major social media company’s past acquisitions has sparked wide-ranging commentary from legal experts and policy analysts. Commentators argue that the decision underscores how other tech cases are also built on static assumptions in dynamic markets that are unmoored from clear evidence of consumer harm and […]

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As debates continue over the FTC’s case against Amazon, experts across the policy spectrum agree on one thing: retail models like Amazon’s deliver real value to consumers. By combining the convenience of online shopping with competitive pricing that rivals brick-and-mortar stores, the growing popularity of omnichanneling strengthens competition and helps lower costs across retail markets. […]

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As government scrutiny of algorithmic pricing grows, antitrust regulators should be careful not to confuse innovation with collusion. Pricing algorithms, which build on decades of retail practices like price parity clauses and price-matching programs, shape competition in industries from travel to retail, helping firms respond to changing demand, increase efficiency, and offer consumers better deals. […]

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A growing body of evidence demonstrates that mergers and acquisitions (M&A) are essential to U.S. innovation. At the same time, the White House’s America’s AI Action Plan, released in July 2025, places rapid private-sector integration at the center of national AI strategy. Yet over-enforcement of antitrust laws and regulatory burdens threaten to undercut this strategy. […]

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OpenAI recently released ChatGPT Atlas, a browser built around its AI assistant. The launch shows how AI competition is spreading to a wide range of products and technologies, leading to more choice and innovation for consumers. Like many modern browsers, Atlas is built on Google’s open-source Chromium database, which has lowered barriers to entry and […]

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A new report from The App Association, “The Hidden Cost of AI Regulations for EU and UK Startups and SMEs,” highlights the economic drag that heavy-handed AI rules are creating across Europe’s tech ecosystem. This report draws on surveys commissioned by The App Association and conducted by TechnoMetrica of more than 1,000 micro, small, and […]

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Former FTC General Counsel Alden Abbott recently warned in Forbes that excessive antitrust intervention could derail America’s AI leadership. Although U.S. companies are investing at record levels of investment and competing vigorously across the AI value chain, regulators are signaling a more interventionist approach that could inadvertently chill private investment, deter responsible partnerships and slow the […]

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The FTC’s recent settlement with Amazon over Prime’s sign-up and cancellation practices has been seen by many experts as a pragmatic reset of consumer protection that favors negotiated fixes rather than headline litigation. The settlement also exemplifies ongoing concerns about the risks of vague “dark patterns” rules that can result in arbitrary enforcement and chill […]

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This week, the Google Ad tech trial begins its remedies phase. The Department of Justice unveiled its proposed remedies in the ad tech case against Google earlier this month.  The DOJ’s plan doesn’t stop at conduct limits: It pushes for structural breakup by forcing the divestiture of Google’s ad exchange (AdX) and, in phases, its […]

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The strength of the U.S. digital economy lies in its adaptability. Since the FTC began investigating Amazon in 2019, commerce has been reshaped by innovation, new entrants, CVOID, and shifting consumer preferences. Since then online and offline shopping evolved rapidly amid fierce competition from brick-and-mortar stores, undermining the case’s premise. The agency’s lawsuit relies on […]

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Recently, Judge Mehta issued his ruling on the Google Search remedies. Experts echo that this ruling reflects the impact that AI has had on competition and avoids extreme remedies that would harm consumers and innovation, but raises concerns about consumers’ data privacy. AI has created robust competition The rapid growth of generative AI (GenAI) has […]

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Yesterday, Judge Mehta released his ruling on the Google Search remedies. The court rightly rejected the DOJ’s extreme measures—such as forced divestitures—making clear that AI competition is strong in the tech ecosystem, and competition policy should help, not harm consumers.  Robust AI competition has created competition and increased choice for consumers. The government brought this […]

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The generative AI space is undergoing a transformative boom fueled by technological advancements and widespread consumer adoption. As innovation cycles shorten, the industry is seeing an influx of new players and an intensifying race for customers. Success now hinges on rapid adaptation, differentiated offerings, and the ability to scale cutting-edge solutions while balancing regulation. All […]

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A recent piece from the Brookings Institution detailed the competitive risks of forced data disclosure in the Google Search case. The DOJ continually pushed remedies that would compel Google to hand over users’ search data to its rivals, and Brookings warned this could reduce innovation by devaluing Google’s investments in their products and lower incentives […]

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A new white paper by scholars from Indiana University, Harvard, and the University of Southern California, “Ensuring Antitrust Actually Promotes Competition in the Digital Economy,” shows that the Department of Justice’s proposals in its Google Search antitrust case antitrust case would harm consumers, undermine innovation, deter investment, and weaken the companies that have propelled the […]

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Ahead of the Google ad tech remedies trial set to start in September, the DOJ filed its proposed remedies plan – which would force Google to divest part of its business, like the technology that enables it to bring advertisers and publishers together, which includes AdX and Google DFP. The DOJ’s proposed remedies ignore the […]

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Earlier this month, Fox News reported that former National Security Advisor Robert O’Brien issued a stark warning about the Department of Justice’s proposed remedies in U.S. v. Google, calling them “wildly overbroad” and dangerous to national security. His letter raised serious concerns that the DOJ’s aggressive push to restructure Google Search would not only harm […]

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Federal Trade Commission (FTC) Chair Andrew Ferguson’s remarks at the International Competition Network (ICN) meeting reinforced three key points in antitrust: being pro-innovation is pro-consumer; abandoning consumer-centered antitrust is perilous; and regulatory overreach impedes the future of AI and tech innovation broadly. Pro-Innovation is Pro-Consumer Chair Ferguson’s focus on innovation is a welcome shift from […]

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As part of its proposed remedies in the Google Search case, the Department of Justice (DOJ) seeks to force Google to make user data, the Google Search index, ranking technologies, and query understanding accessible to competitors. This unprecedented remedy would demand Google share existing and future sensitive search and advertising data with a wide group […]

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The case ignores a competitive, thriving tech sector Rather than tailoring remedies to address the contracts at issue, the DOJ’s proposed remedies are pushing for structural changes and sweeping restrictions that ignore the evolving nature of the search market in an attempt to benefit Google’s competitors. Even while search is undergoing one of its greatest […]

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CNBC recently highlighted how America’s tech startups are increasingly finding support with industry leaders – from investments to help securing chips. This backing from leading tech companies has fueled the growth of AI startups, driving product innovation and underscoring the dynamic nature of the American startup ecosystem. Leading Technology Companies are Increasingly Supporting a Resilient […]

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The Department of Justice (DOJ) doubled down on its approach to antitrust enforcement, advocating for measures during the first week of the Google search remedies trial that will harm consumers, restrict innovation, and reward Google’s competitors. At the heart of this strategy is a call for remedies that go beyond antitrust policy and the contracts […]

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Last week, Project DisCo covered the recent “Economics Day” hearing in the FTC’s case against Amazon. The agency, once again, struggled to define what market Amazon has monopolized, a basic requirement to prove Amazon has engaged in anticompetitive behavior. The FTC is Still Unsure About How it Defines Amazon’s Market Despite nearly six years of […]

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For years, the Federal Trade Commission aggressively discouraged M&A activity, arguing transactions only benefitted large players. The tale of American robotics company iRobot is a cautionary tale about how misguided this view is. The last few years have shown us that overly restrictive regulatory enforcement can stifle innovation and harm companies and startups that would […]

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The unique strength of the American business ecosystem is that size doesn’t determine success. A debate over size, therefore, misses the point. Businesses of all sizes compete for customers alongside each other. This is a feature, not a flaw, of the American approach to innovation. A Competitive Tech Sector Expands Opportunities for Businesses of All […]

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American technology companies have driven global innovation, strengthened the economy, and created millions of jobs. Yet the prior administration took actions that risk weakening America’s competitive edge on the world stage. The success of American companies greatly benefits American workers and consumers American tech companies don’t just lead the world in innovation—they drive the U.S. […]

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Last week, the Department of Justice (DOJ) filed its final proposed remedies in the U.S. v. Google case—measures that, if adopted, would deal a severe blow to independent browsers and consumers. Reducing Choice for Consumers Mozilla has publicly opposed these misguided proposals, warning that barring all search payments to independent browsers like Firefox (which competes […]

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Last week, the DOJ introduced their final proposed remedies in its case against Google. The DOJ is seeking to break up Google by forcing it to sell its Chrome browser and wants Google to allow rival search engines access to its search results and data. The agency is also advocating for a requirement to notify […]

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A core part of the FTC’s case against Amazon is based on false assumptions about the relationship between small businesses and online marketplaces. In reality, small to medium businesses (SMBs) have found opportunity in online commerce generally and derive immense value from selling on Amazon in particular.  Surveys Show Small Businesses Value Online Marketplaces Recent […]

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On Friday, the FTC is expected to present to the court its economic arguments in its antitrust case against Amazon. Central to any antitrust proceeding is defining what market the alleged monopoly dominates. In the case of the Amazon lawsuit, the FTC has failed to define a realistic market that the retailer supposedly dominates. Market […]

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Anthropic, a leading AI startup, has filed a motion in the Google Search antitrust case—raising alarm about the sweeping remedies sought by the Department of Justice (DOJ). Anthropic is known for its “Claude” language models that directly compete with Google’s Gemini and OpenAI’s ChatGPT. The motion opposed the DOJ’s proposed remedies in the Google Search […]

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Andrew Ferguson and Gail Slater are leading the Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ), respectively. This is an important moment to revisit the original purpose and mandate of each agency.  Congress created the FTC and the role of Assistant Attorney General for Antitrust to protect consumers by […]

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Mergers and acquisitions (M&As) are not just financial transactions—they’re a driving force behind innovation, efficiency, and growth in today’s economy. For startups, M&As offer the opportunity to scale faster and earn financial returns, while for larger companies, acquisitions can increase innovation and produce lower prices for consumers. Mergers and acquisitions create incentives for entrepreneurs to […]

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This week, a Chinese artificial intelligence (AI) company, DeepSeek, shocked the tech world with R1, a chatbot reportedly made at a fraction of the cost of its American competitors. President Trump called this debut a “wake-up call”. This advancement shows how formidable a competitor China is to the U.S. AI industry. DeepSeek’s ability to train […]

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Jay Ezrielev, a former economic advisor to the FTC chairman, warned in Barron’s that the Biden Administration DOJ’s proposed remedies in the Google antitrust case would hurt consumers, increase costs, and stifle innovation. The Biden Administration DOJ’s Remedies Would Discourage Investment in Innovation. Ezrielev made the case that the agency’s policies are attempting to “undermine […]

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Antitrust overreach makes it harder for U.S. businesses to compete and further American interests. — Antitrust policies that target companies based on domestic market share put them at a major disadvantage. Using the FTC as an example, Jeffrey Sonnenfeld and Steven Tian of the Yale School of Management explain: “[A]ntitrust overreach is hurting American business […]

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In a compelling op-ed, University of Pennsylvania law professor Herbert Hovenkamp argues that the Justice Department’s efforts to break up Google in the name of antitrust would ultimately harm consumers and stifle innovation, making a strong case for why the DOJ’s remedies are misguided and unlikely to achieve their intended goals. Breaking up Google would […]

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The Wall Street Journal Editorial Board deconstructed the DOJ’s remedies request in the Google Search lawsuit. Their piece revealed what the DOJ’s case really is: nothing more than an attempt to punish Google at the expense of consumers.  The judge in the case agrees that Google provides consumers with the “highest quality search engine.” The […]

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On August 22, 2024, the D.C. Court of Appeals revived a case filed by District of Columbia Attorney General Karl Racine in 2021 and initially dismissed by the D.C. Superior Court Judge Hiram Puig-Lugo, accusing Amazon of anti-competitive practices, specifically targeting its “Fair Pricing Policy” and minimum margin agreements. Amazon has rightfully denied these claims, […]

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Steve Moore, co-founder of Unleash Prosperity: — “The latest reports are that the courts may require Google to sell off its popular Chrome browser. (To whom? China?) It may also require Google to surrender other products to help erase its market lead. With a market cap of roughly $2 trillion, Google is one of the […]

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In late October, five influential industry associations and experts filed amicus briefs highlighting the risks from a district court’s unprecedented order requiring Google to host and distribute third party platforms and applications.  Forcing an app store to host third parties harms both developers and consumers If the district court’s remedies order goes forward, app developers—especially […]

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This week, the Justice Department submitted a framework for potential remedies in its antitrust case against Google Search. In its filing, the DOJ is considering breaking off Chrome or Android from Google and forced data sharing, among other unreasonable remedies. The response from experts has been immediate and clear: the DOJ’s proposed remedies are extreme, […]

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Representative Lou Correa (D-CA), Ranking Member of the House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, called on the DOJ to consider the consequences for American consumers, workers, and the economy as it proposes a remedy framework in its antitrust action against Google. The statement raises the question: Is the DOJ willing […]

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As explained recently in Project DisCo, the FTC’s reliance on narrow market definitions ignores how consumers actually shop and the competitive nature of the retail landscape. FTC’s market definition vs market reality In its case against Amazon, the FTC restricts the relevant market to that of “online superstores,” asserting that these are “distinct from, and […]

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The Google ad tech trial started on Monday, with opening arguments and first witnesses. At the onset, it is clear that the government will struggle to prove Google’s alleged monopoly or that the company has engaged in anticompetitive behavior to obtain or maintain its market position. A backward-looking case In her opening statement, Google’s lead […]

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This week, the trial of the Justice Department’s misguided antitrust lawsuit against Google’s digital advertising business (ad tech) starts. Like other antitrust cases that have gone to court in the last couple of years, this case is deeply flawed in several ways. Fundamentally, the DOJ’s arguments defy economic logic, ignore the realities of competition, and […]

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Last week, Jim Cramer tackled the recent decision in the DOJ’s Google Search antitrust case on CNBC’s Squawk on the Street. Cramer brought up some important questions.  Question 1:  Why can’t a company “with a superior product” promote its product to make it easy for consumers to reach?  Question 2:  Why can’t a company charge […]

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Google Search succeeds because of competition, not in spite of it. — As we’ve previously shown, Google Search is the leading search engine because the market thinks it’s the best option available. Last fall, then-Mozilla CEO Mitchell Baker testified that Mozilla chose Google as the default search engine because of its “miraculous” quality. She noted […]

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The Federal Trade Commission (FTC) insists the agency’s approach to mergers is beneficial to entrepreneurs and startups by claiming that “98% of [the 3,000 yearly merger] deals… are going through.”  However, the FTC deliberately increased the regulatory cost of filing those deals to chill mergers, and in doing so, likely breached its obligations under the […]

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In April, the American Booksellers Association (ABA) filed a motion to join the FTC’s antitrust lawsuit against Amazon, arguing that Amazon lowers book prices beyond what booksellers can compete with. In a move that The Wall Street Journal called “curious,” the FTC recently asked the judge to deny the motion. The reason? The Association’s arguments […]

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This afternoon, the California Law Revision Commission (CLRC) will continue its series of meetings to consider changes to the state’s antitrust laws. Today, our topic is the potential introduction of antitrust regulations specifically for certain technology companies.  In a report submitted to the CLRC, a working group did not make a policy recommendation but discussed […]

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In the wake of ongoing reviews of California’s state antitrust laws, new proposals aimed at fostering fairer competition have sparked significant backlash. Small business owners across the state are voicing concerns that these changes could inadvertently harm their operations by disrupting the digital tools they use. These proposals would undermine tried and true antitrust principles […]

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The California Law Revision Commission (CLRC) has begun its series of meetings to explore potential changes to the state’s antitrust law. Today, our topic is one of seven specific areas of antitrust law that the CLRC is considering revising: concentration, or when a small number of companies comprise a large part of the activity in […]

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The U.S. antitrust agencies, particularly the FTC, have announced that their work is “just getting started” as they show a growing antipathy towards mergers and economic growth through acquisitions. Business leaders and policymakers are sounding the alarm that these efforts could have a chilling effect on small businesses, consumers, and the entire U.S. innovation economy.  […]

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Today, the California Law Revision Commission (CLRC) will begin a series of meetings to explore potential changes to antitrust law. A few weeks ago, we discussed how moving away from California’s current antitrust framework threatens the state’s innovation economy. Today, our topic is one of seven specific areas of antitrust law that the CLRC is […]

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Gartner, a technological research and consulting firm, predicts that traffic from traditional search engines will drop 25% by 2026. The reason? People will turn to Generative AI and ChatBots (like OpenAI’s ChatGPT and Anthropic’s Claude) rather than traditional search engines.  AI innovation is disrupting the search landscape: – Case in point: “Can This A.I.-Powered Search […]

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Next month, the California Law Revision Commission will begin holding a series of meetings to explore potential changes to antitrust laws. Ahead of these meetings, University of Southern California law professor and antitrust expert Jonathan Barnett submitted a report on the concerning European approach to competition and the devastating effect a similar approach would have […]

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Earlier this week, we shared some insights on the overall competitive AI landscape and its more specific contributions. Today, we will unpack what these strides in AI competition and innovation mean for consumers and businesses alike. What do all these startups and innovations mean for businesses and consumers? At a very practical level, businesses and […]

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On Monday, we offered an overall landscape assessment of the AI “stack,” starting at the application layer. Today, we will dive into the choice, innovation, and competition inherent in the data, cloud, and hardware layers of the AI stack. A proliferation of open data is fostering new competitors Contrary to claims that proprietary data will […]

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Drawing on the words of experienced Federal Trade Commission staff, the House Judiciary Committee’s (HJC) interim staff report, “Abuse of Power, Waste of Resources, and Fear,” details multiple hurdles to the agency’s success in recent years: Political priorities are distracting from the FTC’s historical focus on consumers. 1. Staff worry that legally dubious cases take […]

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The generative AI revolution is raising new questions about competition, market concentration, and American innovation. This flurry of change can seem complicated, but in fact emerging AI innovations are contributing to a wildly competitive ecosystem up and down the AI “stack.”   First, a brief primer on the state of competition in the tech space: Investment […]

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As Europe adopts and implements radical new competition frameworks, it’s crucial that American policymakers understand the harms of such drastic proposals, and what they might mean for consumers and small businesses alike.  1. An objective, economics-based standard has served America well 2. Untested competition theories pose risks for innovation, the startup ecosystem, small businesses, and […]

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As regulators continue discussing artificial intelligence and the competitive dynamics in the AI space, one thing is clear: competition is thriving up and down the AI stack. This point shone through during a workshop hosted last week by the FTC, even though the panel lacked balance and entirely omitted industry voices. Here are the facts: […]

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On January 29, Amazon and iRobot announced an agreement to terminate Amazon’s acquisition following a report by the Wall Street Journal that the EU Commission (EC) intended to block the deal. As a result, Massachusetts-based iRobot announced it planned to fire 31% of its employees, reduce its investment in R&D, and cancel innovation in new […]

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As we enter 2024, the retail industry is a vast and diverse space, stocked with businesses both large and small. The prominence of small retail businesses is especially notable: contrary to claims made by some inside the Beltway, research shows that, in recent years, digital tools and marketplaces have helped Americans shop small. It’s a […]

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As competition heats up in online search, consumer marketplaces, and cloud computing, AI continues to upend markets, with new features being launched seemingly every day.  Read our roundup of the AI competition ‘news of the day.’  Advances in AI are transforming traditional online search, enhancing competition across even the most recognizable search engines – “iAsk […]

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Last Friday, Amazon requested that the court dismiss the FTC’s lawsuit, reiterating what others have been saying for months: the FTC’s case is incompatible with antitrust law and pays no attention to consumers’ best interests. It fails to provide a coherent theory of harm, any evidence of anticompetitive conducts, or a proposal for a better […]

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In 2015, Amazon launched Seller Fulfilled Prime (“SFP”) to allow sellers on Amazon’s marketplace to offer Prime-badged goods to customers. Since then, Amazon has worked hard to lift the program’s performance to meet the bar that customers expect for Prime and has redesigned SFP’s requirements multiple times. Unfortunately, the program has consistently underperformed and delivered […]

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Earlier this month, international trade took center stage as the U.S. and its Pacific neighbors met for the annual Asia Pacific Economic Cooperation (APEC) Leaders’ Meetings. But just weeks before these critical meetings, the Office of the U.S. Trade Representative (USTR) withdrew its proposals for key trade rules at the World Trade Organization (WTO) in […]

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At the start of November, the FTC filed a substantially unredacted version of its antitrust complaint against Amazon. Since then, experts have pored over the new material. Their verdict? The unredacted material far from proves the FTC’s case and, in fact, divulges the case’s weak and misleading nature. Here’s what you need to know:  The […]

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Tomorrow at 10am the House Judiciary Committee’s Subcommittee on Antitrust will hold an oversight hearing where Assistant Attorney General Jonathan Kanter is set to testify. Here are some questions we’d encourage members to ask:  Why is the US moving to a European approach to antitrust, when the EU economy has underperformed and there are no great […]

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In the eighth week of the DOJ’s case against Google, Google CEO Sundar Pichai began by highlighting Google’s dedication to innovation and users, followed by a number of Google executives and partners who testified about Google’s benefit for consumers and the competitive landscape.  1. Google’s partners choose Google because it’s helpful 2. Google succeeds because […]

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As the FTC’s antitrust trial against Amazon gets underway, six influential industry groups have filed detailed amicus briefs advocating the dismissal of the lawsuit. Filing such detailed briefs so early in a trial is highly unusual and underscores the lawsuit’s flawed nature. The briefs emphasize the FTC’s lack of a legitimate legal case and caution […]

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The following groups have filed amicus briefs supporting Amazon’s motion to dismiss the FTC’s lawsuit: — Computer & Communications Industry Association, NetChoice, and Chamber of Progress — Chamber of Commerce — Interactive Advertising Bureau — Association of Corporate Counsel

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The DOJ’s case against Google is flawed. Recent testimony emphasized how competition across digital advertising continues to grow– revealing yet another thorn in the side of the DOJ’s erroneous antitrust probe against Google. 1. Google Search ads face competition from Microsoft Bing ads – The Home Depot’s Senior Manager of Paid Media, Ryan Booth testified […]

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Since the FTC announced its antitrust lawsuit against Amazon, experts have criticized the validity of the case. Here’s what you need to know: — Chair Khan and her FTC colleagues are abandoning the long-established Consumer Welfare Standard to mount a political campaign against one of the most trusted brands in America. — Competition in retail […]

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As we enter the second month of the DOJ trial against Google, let’s revisit just how flawed this case is.  The case is being pushed by Google’s competitors, especially Microsoft. The case is an effort by Microsoft to gain competitive advantage through government action.  – A “successful case against Google may help its competitors but […]

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After the FTC announced its lawsuit against Amazon this week, experts weighed in to explain the many issues with the FTC’s case and the threats it poses to the vitality of small businesses and consumers across America.  Three key points to consider are:  – Attacking widely used pricing policies at Amazon will harm consumers by […]

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Chair Lina Khan sat down with Bloomberg’s Washington Bureau Chief Peggy Collins yesterday, hours after the FTC announced it was bringing an antitrust suit against one of the nation’s most admired companies. She appeared on CNBC’s Squawk Box this morning to discuss the case again. In the interviews, Khan struggled to provide a clear answer […]

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