• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

2

Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'

3

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 

1

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

2

Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'

3

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
ConferencesBrainstorm Tech

Walking the fine line between antitrust and anti-tech

Rey Mashayekhi
By
Rey Mashayekhi
Rey Mashayekhi
Down Arrow Button Icon
Rey Mashayekhi
By
Rey Mashayekhi
Rey Mashayekhi
Down Arrow Button Icon
December 2, 2020, 3:14 PM ET

Antitrust is always a hot-button issue, but 2020 has proved a red-letter year for the oversight of anticompetitive business practices. Most notably, the federal government has the giants of Big Tech squarely in its sights, with the likes of Google and Facebook currently facing a considerable amount of regulatory scrutiny.

It makes sense, then, that this year’s virtual edition of Fortune’s Brainstorm Tech conference would feature two of the leading legal minds in antitrust law, who gave their thoughts on the government’s approach to regulating these companies. Makan Delrahim, head of the Department of Justice’s Antitrust Division, and Katherine Forrest, a former U.S. District Court judge and partner at law firm Cravath, Swaine & Moore, joined Fortune’s Jeff John Roberts for the aptly titled panel, “Antitrust or Anti-Tech?”

When asked for her thoughts on the DOJ’s lawsuit against Google, Forrest said past cases—namely, the government’s landmark action against Microsoft more than two decades ago—have shown that “courts are able to deal with these very high-tech issues” despite concerns over whether they are “agile enough” to grasp the repercussions of fast-moving technological innovations. “Sometimes a judge may need additional assistance…[but] the courts can do this. They know how to deal with new innovations,” Forrest noted.

She added that since the Microsoft case, the courts have acknowledged the difference between a “monopoly position” and “monopoly maintenance.” While the first is achieved “through being the first innovator in an area,” the second involves taking actions that “maintain the monopoly”—an important distinction in determining whether a company is simply a “first mover” in its market, or deliberately anticompetitive.

Delrahim gave his perspective on whether or not Big Tech deserves its own dedicated government oversight agency—a specialist body, akin to the Federal Aviation Administration or the Food and Drug Administration, that would be charged with regulating America’s major tech firms. Delrahim expressed wariness at the idea, warning that it could lead to “inflexible rules that would end up benefiting [companies] with the greatest market and political power.” In turn, those powerful interests would “favor appointees to those specialized agencies that benefit them.”

“I believe that antitrust is law enforcement. It is not and should not be a function of picking winners and losers, but of protecting competition and free markets,” he said. “Creating a specialized agency could lead us into a path where we would actually diminish innovation.”

But Delrahim acknowledged Roberts’ assertion that antitrust legal proceedings are often too slow and ponderous at addressing the issues at hand. To that end, he floated the possibility of appointing more “judges with some expertise in the field” to quicken the pace at which cases proceed. 

Forrest, for her part, disagreed with that assertion. “I think the courts right now are up to the task,” she said, noting that “virtually all of the judges” in her own former district, the Southern District of New York, “have experience with antitrust cases.”

Delrahim ended the panel by reflecting on the legacy of the DOJ’s Antitrust Division under his leadership. He heralded his staff’s “bold” approach to investigating major tech conglomerates that now have an unprecedented amount of reach and influence.

“The approach we took—that this is legitimate, to look at it and not be afraid of the tech companies—opened up the ability of the staff to investigate,” he said. With a new administration set to take the reins in D.C. next month, Delrahim said he hopes that approach “continues, but is not overzealous.”

About the Author
Rey Mashayekhi
By Rey Mashayekhi
LinkedIn iconTwitter icon
See full bioRight Arrow Button Icon

Latest from our Conferences

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest from our Conferences

A photo taken during the Maroon Bells bicycle ride during Fortune Brainstorm Tech 2019 in Aspen, Colorado. (Photo: Fortune)
InnovationBrainstorm Tech
Fortune Brainstorm Tech 2026 will be brilliant
By Andrew NuscaMay 22, 2026
9 hours ago
Clinical Psychologist Daniel Wendler
ConferencesWorkplace Innovation Summit
A ‘proudly autistic’ workplace expert says putting neurodivergent employees in a typical office is like dropping a polar bear in Austin, Texas
By Tristan BoveMay 20, 2026
2 days ago
lucas
ConferencesWorkplace Innovation Summit
Trump’s EEOC chair is suing The New York Times because ‘we should bring it on behalf of white workers too’
By Nick LichtenbergMay 20, 2026
2 days ago
Fortune Workplace Innovation Summit logo
ConferencesWorkplace Innovation Summit
Fortune Workplace Innovation Summit 2026 livestream
By Fortune EditorsMay 19, 2026
4 days ago
burke
ConferencesAthletic Gear
The CEO of Trek Bicycle reads 52 books a year, hates smartphones, and thinks Milton Friedman was wrong
By Nick LichtenbergMay 6, 2026
17 days ago
mark
ConferencesHospitality
Hyatt’s CEO has built a ‘family’ culture for 20 years. Now he’s leaning on it
By Nick LichtenbergApril 30, 2026
23 days ago

Most Popular

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
Success
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
By Preston ForeMay 21, 2026
2 days ago
Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'
Success
Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'
By Preston ForeMay 20, 2026
3 days ago
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
Workplace Culture
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
By Preston ForeMay 19, 2026
3 days ago
Pay transparency is exposing a bigger problem: Most companies can't explain why they pay what they pay
Workplace Culture
Pay transparency is exposing a bigger problem: Most companies can't explain why they pay what they pay
By Sydney LakeMay 20, 2026
2 days ago
Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
Success
Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
By Emma BurleighMay 22, 2026
12 hours ago
Microsoft reports are exposing AI's real cost problem: Using the tech is more expensive than paying human employees
AI
Microsoft reports are exposing AI's real cost problem: Using the tech is more expensive than paying human employees
By Jake AngeloMay 22, 2026
11 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.