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Chronicles

The story behind the story

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Eight current and former members of the American Bar Association's antitrust section say it's heavily influenced by lawyers from Facebook, Apple, Amazon, Google

Emily Birnbaum / Protocol :

Protocol Emily Birnbaum

Context & Ripple Effects

This lands mid-arc: after the House Democrats' monopoly-power report and the sober assessment that the cases against the four giants would not be slam dunks, attention is shifting to who shapes the legal profession's own debate. Eight current and former members of the ABA antitrust section now say lawyers from Facebook, Apple, Amazon, and Google hold heavy sway over it — the same firms whose litigation posture experts later tied to an alleged 'culture of lawlessness' in court.

First-order effects

  • The ABA antitrust section's credibility as a neutral forum is directly challenged: its programming and positions are accused of being steered by the very lawyers defending the companies under scrutiny.

Second-order effects

  • Reform-minded antitrust practitioners have reason to organize outside the section, while Big Tech's defense side gains a ready-made institutional platform as scrutiny of its clients intensifies — and demand for corporate competition lawyers keeps climbing, per later reporting on the hiring boom.

Third-order effects

  • If the pattern holds, professional bodies that draft norms and host policy debate become contested terrain between Big Tech's defense bar and its critics, shaping which arguments get airtime before regulators and courts ever weigh in.

The trend: As antitrust pressure on Facebook, Apple, Amazon, and Google mounts, the fight over competition policy is extending into the professional institutions where the rules of argument are made.

Discussion

  • @issielapowsky Issie Lapowsky on x
    NEW: Smart look from @birnbaum_e at the antitrust section of the American Bar Assn., an influential body when it comes to antitrust policy. Current and former members say the group is overrun by lawyers with ties to Big Tech. https://www.protocol.com/...
  • @protocol @protocol on x
    Eight members of the American Bar Association's antitrust section accused the group of being heavily influenced by corporate lawyers for Big Tech, despite its reputation as a neutral voice in the debate. https://www.protocol.com/...
  • @birnbaum_e Emily Birnbaum on x
    I spoke to eight current and former members of the American Bar Association's antitrust law section about their concerns that corporate influence runs deep and undisclosed in the organization. ft. thoughts from @matthewstoller and @sandeepvaheesan https://www.protocol.com/...
  • @birnbaum_e Emily Birnbaum on x
    NEW: One of the most prominent institutions in the decades-long debate over antitrust law in America is dominated by lawyers tied to Big Tech, presenting a possible conflict of interest as policy debates over antitrust enforcement in Washington grow. https://www.protocol.com/...