Meta’s recent victory in an antitrust case, where a US District Judge concluded that the company does not currently hold a monopoly, highlights the difficulty of using slow-moving litigation to regulate fast-moving tech markets.
McCarter & English partner and former DOJ Antitrust Division attorney Robin Crauthers told Law360 that competition enforcement struggles to keep pace with rapidly evolving technology. “The agencies are having a hard time moving as quickly as these markets are moving.” She added that companies facing antitrust claims can often show that their markets are dynamic and shifting. “And any perceived harm from the agencies is in flux and doesn’t necessarily mean there is an anticompetitive harm involved.”