Schumpeterian Takes on Pending Antitrust Bills in the 117th Congress

As lawmakers in Congress consider legislative proposals under the banner of antitrust reform, there is a distinct risk they will enact policies that have damaging unintended consequences. Indeed, instead of promoting competitive markets for the benefit of consumers, many of the techlash-driven proposals advancing in the House and Senate would inhibit innovation and skew competition to the detriment of the digital economy and consumers alike. ITIF’s Schumpeter Project on Competition Policy provides ongoing commentary analysis of antitrust bills as they advance through the legislative process. Our goal is to promote a new, dynamic framework for competition policy in which innovation is a central concern for antitrust enforcement, not a secondary consideration. It is through that lens that we examine each proposal.

Table 1: Legislative analysis by bill (last updated August 31, 2022)