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47 AGs Probe Facebook

State AG Offices Investigating Google to Convene in Colorado

Offices of state attorneys general leading an antitrust investigation of Google plan to meet in Colorado to determine next steps, a state official told us Tuesday. The gathering could take place Nov. 11, though the date is in flux. Of the 51 AG offices we contacted, Arizona was the only to comment. “As a lead state in the Google antitrust investigation, Arizona is actively involved in all stages of the strategy and execution of the investigation,” a spokesperson emailed. “We will be there.”

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Arizona is on the probe’s executive committee, along with Texas, Colorado, Mississippi, Iowa, North Carolina, Louisiana and Nebraska. All but two states -- California and Alabama -- are participating in the investigation, plus Washington, D.C., and Puerto Rico. About a dozen state law enforcement chiefs announced the probe in September in Washington (see 1909090060). Representatives for Texas, North Carolina, Mississippi, Iowa, Ohio and Idaho declined comment Tuesday.

A separate antitrust investigation targeting Facebook has participation from 47 AGs, New York's Leticia James (D) announced Tuesday. There are concerns Facebook “put consumer data at risk, reduced the quality of consumers’ choices, and increased the price of advertising,” she said. “As we continue our investigation, we will use every investigative tool at our disposal to determine whether Facebook’s actions stifled competition and put users at risk.” James reportedly hosted an AG meeting Monday with experts to discuss legal grounds for the Facebook investigation. The company didn’t comment.

Joining New York on the Facebook probe’s leadership team are Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee and Washington, D.C. Alabama, California and Maryland didn't initially sign on. “Free and competitive markets help ensure consumers have access to the highest quality and most cost-effective products and services,” Arizona AG Mark Brnovich (R) said in a statement.

With Facebook’s dominance comes obligation to ensure company practices aren’t stifling competition, said Pennsylvania's Josh Shapiro (D). Connecticut's William Tong (D) warned against prejudging outcomes, saying anticompetitive behavior by Facebook would have far-reaching consequences. Just like any citizen, the platform is innocent until proven guilty, said Curtis Hill (R) from Indiana, and consumers and the free market must be protected. “Even the biggest of the big tech companies should be held accountable, and that’s what we’re seeking to do with this investigation,” said Eric Schmitt (R) of Missouri.

The FTC has been investigating Facebook for antitrust violations. DOJ has been doing a wide-ranging investigation of the tech industry.

Policymakers should focus on specific business sectors to regulate digital platforms, Georgetown Law Institute for Technology Law Senior Fellow and Policy Mark MacCarthy argued Tuesday. If a new agency polices platforms, it should be sector-specific, like the SEC or the FCC, he said: “Democratic control of technology means an active and alert government agency with a strong mandate to protect the public interest.”