FTC Letter Complains About DOJ’s Behavior In Big Tech Probes

A recent letter sent by the Federal Trade Commission (FTC) shows there is bad blood between the U.S. government agencies investigating Big Tech firms.

The FTC and the U.S. Department of Justice — as well as a number of state attorneys general — have been investigating tech giants, such as Alphabet’s Google and Facebook, for possible violation of antitrust laws.

Now sources have told The Wall Street Journal that the FTC sent a letter late last week to the Justice Department, complaining about the DOJ’s behavior and voicing concerns about the recent interactions between the two agencies.

An FTC spokeswoman declined to comment, while the Justice Department didn’t respond to a request for comment.

In the meantime, the chairman of the Senate subcommittee on antitrust matters, Sen. Mike Lee of Utah, said he plans to ask about the letter at a hearing on Tuesday (Sept. 17) where FTC Chairman Joe Simons and DOJ antitrust chief Makan Delrahim are expected to testify.

“Sen. Lee is aware of the letter, and he intends to inquire at tomorrow’s oversight hearing about whether the clearance process between the agencies is working and, if not, whether the FTC and DOJ are engaging in duplicative investigations,” a Lee spokesman said.

Lee already raised concerns in August about the tension between the agencies, adding that having two federal enforcement agencies might be the root of these problems.

“This kind of dysfunction and confusion illustrates why having two agencies at loggerheads does not make for effective antitrust enforcement,” Lee said at the time.

The fighting between the two agencies is “a real drag on the effectiveness of the U.S. [antitrust] system,” said William Kovacic, a former FTC commissioner who is now a George Washington University law professor. “It doesn’t destine the individual efforts to failure by any means, but it diminishes the prospects of success. It makes it harder to achieve a good result.”