An hours-long House Judiciary Committee markup Wednesday created unusual bipartisan alliances both for and against a package of antitrust bills targeting some of the country’s biggest tech companies.
The committee had advanced two of the six bills as of early Wednesday evening, with proceedings expected to stretch late into the night.
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The six bills aim to revamp antitrust laws, giving the Federal Trade Commission (FTC) and the Justice Department greater authority to rein in the power of tech giants.
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Lawmakers were not solidly in support of or opposed to all of the bills.
Rep. Jim JordanJames (Jim) Daniel JordanTech antitrust bills create strange bedfellows in House markup White House uses Trump’s words praising China to slam McCarthy’s Biden criticism Powell says pickup in job gains likely this fall MORE (Ohio), the Judiciary Committee’s top Republican who has publicly slammed the antitrust agenda as a partisan power grab, voted to advance at least one of the bills, a piece of legislation that was not part of the original five-bill package.
That measure — ensuring state attorneys general are able to remain in the court they select rather than having cases moved to venues preferred by defendants — advanced in a 34-7 vote, with “no” votes coming from Democratic Reps. Zoe LofgrenZoe Ellen LofgrenTech antitrust bills create strange bedfellows in House markup Pelosi floats Democrat-led investigation of Jan. 6 as commission alternative Democrats plot next move after GOP sinks Jan. 6 probe MORE (Calif.), Eric SwalwellEric Michael SwalwellTech antitrust bills create strange bedfellows in House markup Democratic lawmakers not initially targeted in Trump DOJ leak probe: report Mo Brooks accuses Swalwell attorney who served papers on his wife of trespassing MORE (Calif.) and J. Luis Correa (Calif.), and Republican Reps. Darrell IssaDarrell Edward IssaTech antitrust bills create strange bedfellows in House markup GOP divided over bills targeting tech giants ‘If this thing qualifies, I’m toast’: An oral history of the Gray Davis recall in California MORE (Calif.), Tom McClintockThomas (Tom) Milller McClintockTech antitrust bills create strange bedfellows in House markup 14 Republicans vote against making Juneteenth a federal holiday Alyssa Milano says she could ‘potentially run’ for House in 2024 MORE (Calif.), Thomas MassieThomas Harold MassieTech antitrust bills create strange bedfellows in House markup GOP increasingly balks at calling Jan. 6 an insurrection House Democrat: Republicans ‘treating Capitol Police like shit’ were ‘the most scared’ during riot MORE (Ky.) and Michelle Fishbach (Minn.).
Rep. Matt GaetzMatthew (Matt) GaetzOvernight Defense: Joint Chiefs chairman clashes with GOP on critical race theory | House bill introduced to overhaul military justice system as sexual assault reform builds momentum Tech antitrust bills create strange bedfellows in House markup Joint Chiefs chairman clashes with GOP on race theory, ‘white rage’ MORE (R-Fla.), meanwhile, said he “enthusiastically” supported the legislation from the top members of the House Judiciary antitrust subcommittee, Reps. David CicillineDavid CicillineTech antitrust bills create strange bedfellows in House markup America’s drug rebate system is broken Tech industry pushes for delay in antitrust legislation MORE (D-R.I.) and Rep. Ken BuckKenneth (Ken) Robert BuckTech antitrust bills create strange bedfellows in House markup Tech industry pushes for delay in antitrust legislation Hillicon Valley: Cyber agency says SolarWinds hack could have been deterred | Civil rights groups urge lawmakers to crack down on Amazon’s ‘dangerous’ worker surveillance | Manchin-led committee puts forth sprawling energy infrastructure proposal MORE (R-Colo.), adding that it “balances and tempers” the power the legislation in total gives to Washington.
“I must confess, it is a bit awkward to be defending a Cicilline bill against a critique from the gentlelady from California, Ms. Lofgren, but perhaps speaks to the bipartisan nature of this entire process,” Gaetz said. “And it is worth noting in the hearings and meetings that Chairman Cicilline described, the conduct of these technology platforms was brazen and egregious and harmful to our country.”
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Lofgren said it would be a “big mistake” to approve the bill and said the proposal requires more study, echoing a similar complaint from centrist Democrats last week.
Members of the centrist New Democrat Coalition wrote to top Democrats last week requesting a delay on the proposals, signaling they may not support the measures if they hit the House floor.
Rep. Ted LieuTed W. LieuTech antitrust bills create strange bedfellows in House markup Communion vote puts spotlight on Hispanic Catholics Move by Catholic bishops against Biden brings howls of hypocrisy MORE (D-Calif.) on Wednesday voted in favor of advancing the bill opposed by Lofgren but said he may not support it on the House floor upon learning more.
The tech industry vehemently opposes the House package of bills, with the companies targeted in them — Amazon, Apple, Facebook and Google — arguing the legislation could lead to unintended consequences, harming consumers and small businesses.
The argument has been dismissed by the bills’ proponents, and advocacy groups insist the legislation would help level the playing field against the tech giants.
The committee also approved a measure that would update filing fees for mergers for the first time in two decades. The committee voted 29-12 to approve the bill, with five Republicans — Reps. Chip RoyCharles (Chip) Eugene RoyTech antitrust bills create strange bedfellows in House markup 14 Republicans vote against making Juneteenth a federal holiday 21 Republicans vote against awarding medals to police who defended Capitol MORE (Texas), Victoria Spartz (Ind.), Burgess Owens (Utah), Buck and Gaetz — joining Democrats in supporting the proposal.
The legislation has a companion measure in the Senate, which was attached to the U.S. Innovation and Competition Act that passed the Senate earlier this month.
During a fierce debate over another measure that would add interoperability and data portability requirements among platforms, Jordan argued it would create a “secret committee” within the FTC that could lead to censorship.
Lofgren also voiced concerns over the bill, saying it needs “more detail” on how the FTC will ensure there are no risks to privacy and security for consumers.
Other measures the committee was set to mark up include proposals that would eliminate dominant platforms’ ability to self-preference in ways that undermine fair competition and a bill that aims to prohibit platforms’ ability to acquire competitive threats.
The measures may face additional hurdles after this week’s markup, with House Minority Leader Kevin McCarthyKevin McCarthyTech antitrust bills create strange bedfellows in House markup Equilibrium — Presented by NextEra Energy — A new final frontier: Washing dirty laundry in space White House uses Trump’s words praising China to slam McCarthy’s Biden criticism MORE (R-Calif.) publicly condemning the legislative effort. There’s also pushback among Democrats.
Rep. Ro KhannaRohit (Ro) KhannaTech antitrust bills create strange bedfellows in House markup Democrats fear they are running out of time on Biden agenda Public option fades with little outcry from progressives MORE (D-Calif.), a top progressive whose district covers much of Silicon Valley, said in an interview on Fox Business that the legislation needs to be written in a “much more thoughtful, accurate way.”
“I think some of the people who wrote it don’t understand all the details of how these platforms work. I say this as someone who wants stronger antitrust enforcement,” Khanna said on Wednesday morning.