Posts tagged Matthew Sutula
Big Tech, Big Target: Google’s Dominance on Trial

With the internet’s proliferation and widespread adoption in the 1990s, very few could foresee the dominant force that Google would become. Google launched in 1998 among a crowded market of internet search engines, such as Excite, Yahoo, and Lycos. (Charles Rose, SEO Mechanic). Over the following twenty-six years, Google grew_ into one of the most preeminent U.S. companies, controlling approximately 90% of the global internet search engine market. (Statcounter). Google’s dominance in various markets has attracted the ire of state and federal governments, lawmakers, and regulators, leading them to pursue antitrust actions against Google. (U.S. Senate Judiciary Committee; Office of Public Affairs: DOJ). One of these actions recently came to a head on August 3, 2024, when the District Court for the District of Columbia (“Court”) ruled that Google illegally operated a monopoly in search engine services and text advertising. (Rohan Goswami et al., CNBC). The impact on Google and other stakeholders remains uncertain, but it has the potential to re-shape the streams of revenue for Google and other technology companies, as well as influence how consumers use technology. Regardless of the political environment, the government and regulators are likely to press ahead with efforts to curb the anti-competitive behavior of technology companies that has grown over the years. The following centers on the Court’s examination of the three principal issues and explores potential implications for Google, consumers and other technology companies.

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Lawmakers or Traders? Reforming Congressional Trading Practices

In 2023 alone, the U.S. Securities and Exchange Commission (“SEC”) has pursued investigations of insider trading involving over sixty parties. (SEC Division of Enforcement Summary). Despite the growth of insider trading prosecution, the rules for insider trading and conflicts of interest remain only loosely enforced for members of Congress (Alicia Parlapiano et al., New York Times). This is problematic because members of Congress are routinely exposed to nonpublic information that can impact stock prices. (Id.). In fact, their trading activities as a whole remain largely unchecked as the existing framework to enforce insider trading and conflicts of interest in Congress is ineffective. (DeChalus et. al., Business Insider) In response, several bills were introduced in the Senate and the House of Representatives. (Congress.gov).  Seventeen different bills were introduced in 2023, and one has already been introduced in 2024. Id. The most comprehensive and notable bills were introduced by Senator Kristin Gillibrand and Representative Katie Porter. (S. 2463, H.R. 6842). These bills (the “Bills”) seek to enhance the “trading bans and disclosure requirements for Congress, senior executive branch officials, and their spouses and dependents.” (S. 2463) Like the numerous other bills introduced in the past few years, the Bills are in the early phases and face an uphill battle to adoption. (Congress.gov).

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