Plan costs political capital – big tech will lobby with campaign donations to block the plan
Erica Nicole Lee, 2022 - J.D., 2022, The George Washington University Law School; “The Ugly Side of Beauty: Outdated Regulations Controlling the Growing and Evolving E-Commerce Counterfeit Cosmetics,” 50 AIPLA Q. J. 27 (2022). Hein Online. Accessed via University of Michigan //DH
Skeptics of these proposed amendments to the legislation will likely have concerns regarding whether a bill with such stringent requirements could ever be passed by Congress. These critics have proper cause for concern. Demanding more from e-commerce platforms could dwindle support for the bill from e-commerce platforms who are likely to be hesitant to incur significant additional responsibilities in order to evade liability where such liability has not been imposed in the past.259 Moreover, congresspeople voting on this bill will strongly consider the interests and demands of the entities that back them.260 The influence these wealthy platforms exert pursuant to the current rules of campaign finance is undeniable;2 61 however, there are intensifying concerns about Big Tech that have recently given legislators from both parties common ground to stand on.26 2 This new unifying factor stemming from antitrust concerns is favorable to the bill's passage because Big Tech significantly overlaps with e-commerce platforms. Amazon and Facebook-which owns Facebook and Instagram-have been heavily criticized in the antitrust context for having gained too much power.263 This power makes "[l]awmakers of all political stripes seem[] uncomfortable with the knowledge [and influence] that [these] companies have...."264 These mounting concerns are further demonstrated by the recent successes of the contemporary neo-Brandeisian school of thought in antitrust law.265