“Just when I thought I was out, they pull me back in.” —Michael Corleone, The Godfather Part III.
That iconic line about inescapable forces doesn’t just capture those thoughts of a mob boss trying to retire. It could just as easily apply to kids who are drawn in to their favorite apps again and again.
On June 4, 2025, the Federal Trade Commission (FTC) convened a workshop titled The Attention Economy: How Big Tech Firms Exploit Children and Hurt Families to examine how digital platforms design products and features that capture— and seemingly refuse to release— user attention, particularly among children and teens. Although the FTC did not announce any new enforcement actions, rulemaking proposals, or formal consumer protection guidance at the event, companies operating in the digital economy, especially those offering consumer-facing digital services, mobile apps, or online platforms, should be aware that product design, app distribution, and engagement strategies are increasingly being scrutinized through both consumer protection and competition law lenses.
Oversight of Tech Platforms and Addictive Features:
FTC Chair Andrew Ferguson opened the event by highlighting the Commission’s ongoing efforts to protect children online. He cited the FTC’s past enforcement under the Children’s Online Privacy Protection Act (COPPA) and noted new authority under the Take It Down Act, which requires online services to remove non-consensual intimate images, including AI-generated content, within 48 hours of receiving a valid takedown request. Ferguson indicated that stronger tools may be needed to support parental oversight and address what the FTC views as manipulative or exploitative design choices.
Senator Marsha Blackburn (R-TN), a lead sponsor of the Kids Online Safety Act (KOSA), was among the featured speakers. She criticized what she characterized as the tech industry’s failure to implement adequate safety controls voluntarily. KOSA, if enacted, would impose a statutory duty of care on platforms likely to be accessed by minors and could create new regulatory obligations distinct from existing antitrust or privacy laws.
Panelists raised concerns that engagement-boosting features such as autoplay, infinite scroll, algorithmic recommendations, and push notifications are often deliberately designed to increase the time spent on a platform, potentially undermining users’ well-being and limiting their ability to disengage. The role of app stores operated by vertically integrated platforms (such as Apple and Google) was also a focus, particularly with regard to content discoverability, age ratings, and platform policies that may hinder access to parental control tools or limit the visibility of platforms offering stronger child safety features. Notably, no representatives from major technology companies were included on the workshop’s panels.
Takeaways:
While the FTC did not directly link the workshop to antitrust enforcement, the topics discussed could influence future consumer protection actions. Companies should take note of several emerging themes:
- Product design and user lock-in: Engagement features that make it difficult for users, especially minors, to exit or switch platforms may come under greater scrutiny for making it harder for competitors to attract or retain users.
- App store gatekeeping: Policies or practices that affect app ranking, visibility, or access may raise concerns if they disproportionately disadvantage smaller competitors.
- Age ratings: Inconsistent or unclear age labeling can make it more difficult for safer, age-appropriate apps to reach young users or gain traction in app stores, creating an uneven playing field.
- Data-driven personalization: The combination of user data, behavioral analytics, and targeted content delivery may raise concerns about entrenched market power, particularly if dominant platforms use these tools to reinforce user dependence or suppress emerging rivals.
Companies offering youth-facing digital products or services should proactively review their design practices, user protections, parental consent mechanisms, and distribution strategies to identify potential areas of regulatory or competitive risk.
McCarter & English’s Antitrust team closely monitors regulatory developments affecting digital platforms, app developers, and content providers. For more information or to discuss your company’s risk profile, please contact Robin S. Crauthers.