Nota Bene Episode 46: America’s Existential Antitrust Crisis with Thomas Dillickrath


Some of the world’s biggest tech companies, like Apple, Facebook, and Google, are facing much criticism about their size and behavior. Much of the criticism is from the U.S. Congress. In this episode, we’re exploring the current state of Big Tech growth, the history and development of antitrust laws, and how the U.S. government is dealing with these major tech players.

Joining me in this episode is Tom Dillickrath. Tom is an Antitrust & Competition partner in Sheppard Mullin’s Washington, D.C. office, focusing on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission’s Bureau of Competition. During his time at the FTC, Tom litigated antitrust cases brought by the FTC involving mergers and acquisitions and other business practices affecting U.S. consumers.

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What We Discuss in This Episode:

What’s driving the Big Tech antitrust concerns?

Why the measurement for antitrust matters is consumer welfare?

What is the “new school of thought” regarding Big Tech companies?

Why are companies pouring millions of dollars into innovation?

Quick history lesson as to why antitrust laws were developed to begin with

Was there ever a world where small mom and pop brands were on equal footing as bigger companies?

Is there an element of politics and morality in antitrust laws and their development?

What are “command economies”?

What is the rule of law as it is applied to monopoly behavior?

What does it mean to have market power?

What is the process the FTC goes through to investigate mergers?

Which of the major tech companies will governmental agencies be looking at?

How can you change antitrust laws in the U.S.?

Resources Mentioned:

The Curse of Bigness – Professor Tim Wu 

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