DOJ’s “Call to Action” on Tech Regulation Lacks Facts, Depth, and Reality

By at 29 March, 2022, 1:59 pm


For Immediate Release

Washington, D.C. – In a letter to U.S. Senate leaders on antitrust and competition matters, the Department of Justice (DOJ) voiced support for congressional action on the American Innovation and Choice Online Act, S. 2992, and similar legislation in the U.S. House (H.R. 3816). Small Business & Entrepreneurship Council (SBE Council) president & CEO Karen Kerrigan issued the following statement in response to the DOJ letter:

“Declaring that America’s technology leaders pose a risk to the ‘economic liberty that undergirds our democracy’ is quite alarming coming from the U.S. Department of Justice. Those words in the DOJ letter to Senate leaders are certainly red meat for supporters of the punitive, arbitrary, and vague government regulations proposed within S. 2992 and H.R. 3816. But those grandiloquent words have no basis in reality.

“SBE Council certainly agrees with the DOJ when it writes that America’s future global competitiveness depends on innovators and entrepreneurs having access to markets. But without any data or facts to back-up their claim that intrusive government action is warranted, the DOJ merely spouts that dominant tech incumbents are the problem. Conversely, actual entrepreneurs and small business owners see things differently. They are worried that these government actions will harm their access to tech tools and platforms, and therefore access to consumers. Entrepreneurs view technology platforms and their tools as critical to business growth and success, and have proven to be an effective and low-cost gateway to business startup and consumer markets.

“In fact, a new survey of entrepreneurs who started businesses during the pandemic, conducted by SBE Council, underscores how critically important these tech tools are for startups. And not surprisingly, a big percentage – 61% – are worried that government actions targeting these technology leaders will undercut access to consumers, drive business costs higher, and harm operations. So, big government is seen as the big threat, not the big-tech companies.”

“There is a reason why the mainstream small business community and members of Congress from both sides of the political aisle are expressing deep concern and reservations about S. 2992 and H.R. 3816. DOJ officials need to be listening to these voices and getting their facts straight. The language in the bills that DOJ supports is so vague and poorly drafted, it would seem to me that seasoned legal minds would be shunning these legislative efforts instead.”


Karen Kerrigan:

Raymond Keating

SBE Council is nonpartisan advocacy, research and education organization dedicated to protecting small business and promoting entrepreneurship. For 28 years, SBE Council has worked on and advanced a range of private sector and public policy initiatives to strengthen the ecosystem for strong startup activity and small business growth. Visit for additional information. Twitter: @SBECouncil





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