Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC Commissioner discusses enforcement of antitrust rules in digital markets, (Mar 27, 2026)

By Thomas K. Lauletta, J.D.

Commissioner Meador highlighted the ability of antitrust law and antitrust enforcers to react to changes in markets and technology.

FTC Commissioner Mark R. Meador spoke to the challenges of enforcing antitrust rules in the current digital markets. Meador noted that although these challenges echo debates that have existed since the Sherman Act, what is new is the scale and speed of technological changes that are transforming markets in ways that now test how the antitrust laws should be applied. Meador poses the following questions: What legal principles should guide our approach to digital markets? What do those principles imply for merger enforcement and remedies? And how should we approach emerging technologies?

Antitrust as a law enforcement framework

As Meador noted, technological revolutions are not new: railroads, electricity, automobiles, telecommunications, and the internet each had major impact on markets and raised concerns about concentration, the accumulation of economic power, and restraints on competition. But established principles of antitrust enforcement can identify and curb accumulations and abuses of economic power and retain the focus of protecting welfare of consumers.

In Meador’s view, “artificial intelligence, digital platforms, and data-driven markets may present new factual settings. But the governing principles are long-standing and can be readily applied across different markets.”

What the speed of market change means for enforcement

The speed of technological change can amplify competitive harm. “Conduct that entrenches platform advantages, forecloses entry, or creates durable data advantages can compound rapidly. Network effects, path dependence, and feedback loops can act to further entrench dominance. The longer such conduct persists, the harder it becomes to restore competition and the greater the need may be for relief, including structural remedies.” As Meador stated, urgency in markets should translate into urgency in enforcement, particularly during periods of technological transition. And advances in artificial intelligence can work to improve enforcement agencies’ investigation speed and accuracy.

Merger enforcement in digital markets

Although mergers play a central role in the modern economy, in some cases they can present competitive concerns. Meador notes that one pressing concern is how dominant technology platforms may acquire competitors as a pretext for foreclosing access to emerging alternative technologies.

Another concern relates to “acqui-hires,” where dominant firms acquire key talent from startup companies without formally acquiring the company. Because acqui-hires can be designed to fall below premerger notification thresholds, the opportunity for advance review can be limited. In these situations, third parties should be given avenues and confidentiality protections for bringing these issues to the FTC’s attention.

Another longstanding challenge to the FTC relates to the cumulative effects of acquisitions over time where individual transactions may appear defensible, but where the continuing acquisitions over time may be problematic to competition.

Questions arising regarding remedies in merger review

Properly designed and implemented FTC remedies enable enforcers to resolve competitive issues without resorting to prolonged litigation, ensuring that markets remain competitive and yielding benefits for consumers while allowing businesses to pursue growth opportunities. Meador opines that the administration had a “reflective skepticism toward remedies. Meador believes that by “resisting workable solutions, the prior administration prolonged the merger review process and lengthened the timeline for bringing enforcement actions, thereby slowing agencies’ ability to respond.”

Reviewing several of the FTC’s recent enforcement actions, Meador noted that such remedies benefit consumers by preserving improvements in price, quality and innovation, and providing businesses with the certainty that their transactions can lawfully proceed.

FTC’s dual competition-consumer protection mandate

As stated by Meador, the FTC “brings unparalleled expertise in addressing issues presented by digital markets, as its law enforcement program spans both competition and consumer protection. This dual mandate reflects an important reality: competitive harm and consumer harm are often closely linked in these settings.” These dual mandates are particularly evident in digital and platform markets, where conduct that excludes competitors often also harms the users and businesses that depend on the platform.

Meador concludes by noting that “competition enforcement ultimately serves a broader purpose: it preserves economic conditions that allow markets to function and individuals to innovate in the first place. Maintaining those conditions requires sustained commitment to rigorous law enforcement.” Although the challenges posed by digital markets and emerging markets are significant, the underlying principles of antitrust enforcement are well established.

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