Opportunities for improvement:
Evidence that the FTC/DOJ efforts will have a meaningful impact is lacking. Be sure to leverage previous big tech opposition efforts as proof that the threat to antitrust action is significant/growing hence big tech calling all hands to the deck.
Evidence that the FTC/DOJ makes deals with big tech is lacking – that they will cede a battle that is…
There is certainly tension when reading uniqueness evidence that FTC/DOJ antitrust efforts versus big tech will prove fruitful AND internal link evidence demonstrating the potency of big tech (their OP arsenal was on full display versus congressional antitrust legislation in 2022). Be cautious of this when trying to prove the government will GET to pick a battle versus big tech. Note that post the AIOC defeat in 2022 a few developments help with neg U – emphasize the tremendous surge in DOJ/FTC resources, increased bipartisan support for both agencies efforts, and Khan learning from prior missteps and transitioning to a strategy of “picking battles” more methodically.