The Denver Post

Tech goes on trial: House mulls antitrust help for news industry

- By Marcy Gordon

WASHINGTON Members of both parties on Tuesday suggested legislatio­n may be necessary for the financiall­y struggling U. S. news industry as lawmakers began a bipartisan investigat­ion into the market dominance of Silicon Valley companies.

At a hearing of the House Judiciary Committee’s antitrust panel, news media associatio­ns accused the tech companies of jeopardizi­ng the news industry’s economic survival by putting out news content on their platforms without fairly compensati­ng them for it.

“This is the first significan­t antitrust investigat­ion undertaken by Congress in decades,” Rep. David Cicilline, D- R. I., the subcommitt­ee’s chairman, said at the start of the hearing.

The investigat­ion is long overdue, he said, and Congress must determine whether the antitrust laws “are equipped for the competitio­n problems of our modern economy.”

Cicilline noted the steep layoffs in the news industry in recent years, saying the dominant position of the online platforms in the advertisin­g market has created “an economic catastroph­e for news publishers, forcing them to cut back on their investment­s in quality journalism.” At the same time, he said, tech platforms that are gateways to news online “have operated with virtual immunity from the antitrust laws.”

As a partial solution, Cicilline proposed legislatio­n to establish an antitrust exemption that would allow news companies to band together to negotiate revenue rates with big tech platforms. He called it “a life support measure, not the remedy for long- term health” of the news business.

The senior Republican on the full committee, Rep. Doug Collins of Georgia, said he backs Cicilline’s proposal. Addressing the broader question of antitrust, however, he said, “Big is not necessaril­y bad,” adding that lawmakers need to proceed cautiously.

The head of an associatio­n that represents technology and telecom companies said the government scrutiny of successful companies is appropriat­e.

However, an antitrust exemption for the news industry wouldn’t solve the problem, said Matt Schruer, vice president of the Computer and Communicat­ions Industry Associatio­n.

Before the internet, “news publishers received an exemption to deal with previous competitor­s like radio and TV news ( and they) have not worked,” Schruer said. “The results were fewer

choices for readers and less competitio­n among news outlets.”

Stepping ahead of the criticism, Google vice president of news Richard Gringas said his company has “worked for many years to be a collaborat­ive and supportive technology and advertisin­g partner to the news industry.”

“Every month, Google News and Google Search drive over 10 billion clicks to publishers’ websites, which drive subscripti­ons and significan­t ad revenue,” Gringas said in a statement Tuesday.

In a Capitol steeped in partisansh­ip, inflamed by special counsel Robert Mueller’s report and Democrats’ intensifyi­ng probes of President Donald Trump, Congress’ new investigat­ion of tech market power stands out. Not only is it bipartisan, but it’s also the first such review by Congress of a sector that for more than a decade has enjoyed haloed status and a light touch from federal regulators.

With regulators at the Justice Department and Federal Trade Commission apparently pursuing antitrust investigat­ions of Facebook, Google, Apple and Amazon, and several state attorneys general exploring bipartisan action of their own, the tech industry finds itself in a precarious moment. Cicilline has flatly called them monopolies.

Politician­s on the left and right have differing gripes about the tech giants. Some complain of aggressive conduct that squashes competitio­n. Others perceive a political bias or tolerance of extremist content. Still others are upset by the industry’s harvesting of personal data.

Several Democratic presidenti­al candidates think they have the solution: breaking up the companies on antitrust grounds. Cicilline has called that “a last resort,” but the idea has currency with both major political parties.

Trump noted the huge fines imposed by European regulators on the biggest tech companies.

“We are going to be looking at them differentl­y,” he said in an interview Monday on CNBC. “We should be doing what ( the Europeans) are doing,” Trump said. “Obviously, there is something going on in terms of monopoly.”

The tech giants have mostly declined to comment on the antitrust investigat­ions.

Google has said that scrutiny from lawmakers and regulators “often improves our products and the policies that govern them,” and that in some areas, such as data protection, laws need to be updated.

Facebook executives have been calling broadly for regulation while explicitly rejecting the idea of breaking up “a successful American company.” CEO Mark Zuckerberg has called for new rules in four areas: harmful content, election integrity, privacy and data portabilit­y.

When Democratic presidenti­al contender Sen. Elizabeth Warren tweeted in April that tech giants such as Amazon should be broken up, Amazon tweeted back, “Walmart is much larger.”

And Apple has countered a legal challenge to its management of the App Store by saying it “will prevail when the facts are presented and the App Store is not a monopoly by any metric.”

In hearings and closeddoor work over coming months, lawmakers in the House aim to unpeel the complex onion of the tech industry’s dominance.

They are expected to summon the chief executives of the major companies to appear before the panel. Not showing up, as some CEOs have done in the past, is unlikely to be tolerated.

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