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Hawley’s antitrust bill focuses on market cap, ignoring consumers

April 14, 2021

Sen. Josh Hawley (R-Mo.) proposed a new bill on Monday aimed at blocking mergers and acquisitions for companies with market caps of over $100 billion.

The bill, introduced by Hawley, a frequent critic of Big Tech, is strikingly brief, at just eight pages long. It would amend the Sherman Act, the Clayton Act, and the Federal Trade Commission Act—three antitrust laws enacted around the turn of the 20th century.

“It is a radical, populist transformation to antitrust,” said John O. McGinnis, a professor of constitutional law at Northwestern University.

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