State Enforcement of Antitrust Laws Against Technology Platforms

This opinion from the Texas Attorney General examines the state's authority to bring antitrust enforcement actions against technology platforms under the Texas Free Enterprise and Antitrust Act. It analyzes the complementary roles of state and federal antitrust enforcement and the scope of state antitrust laws as applied to digital markets.

The opinion discusses the legal theories available to state enforcers, including monopolization, tying arrangements, and anticompetitive mergers. It examines the application of the state action doctrine and federal preemption to state antitrust claims against nationally regulated industries.

The opinion concludes that the state has broad authority to enforce its antitrust laws in the technology sector, including through multistate enforcement actions, and recommends coordination with the DOJ and FTC to avoid inconsistent results.