If an outright block looks uncertain, push for strong remedial measures as a condition of merger approval.
If a full block cannot be secured, treat remedy design and enforcement as the core battleground. Push for divestitures that create viable, independent competitors and for enforceable guardrails that limit steering and anti-competitive contracting. Make monitoring part of the plan from day one, because a remedy only “wins” if it produces durable competition after the headlines fade.
Why this works
- A well-crafted settlement could alleviate the worst harms: keeping multiple competitors in each local market and preventing immediate abuse of vertical integration.
- It might save some benefits if DOJ fears losing entirely in court – better a tough settlement than a defeat.
Tech Oversight Project
AdvocacyHolding Big Tech accountable through policy and pressure
Mechanism
About LobbyingHow Tech Oversight Project uses funding
- Define minimum acceptable outcomes for divestitures and post-merger behavior.
- Review remedy proposals for loopholes and identify where competition could still be harmed.
- Advocate for stronger terms and transparent compliance requirements.
- Establish monitoring signals (including reporting on relevant patterns) so problems surface early.
- Coordinate escalation pathways so noncompliance has real consequences.
- Track implementation through completion and verification of key remedy milestones.
Milestones
Checkpoints and the expected timing for each step
- 1
Remedy principles and red lines set
Near-termMinimum acceptable outcomes for competition, divestitures, and conduct limits are documented.
- 2
Settlement terms evaluated and strengthened
If settlement talks occurProposed terms are reviewed for loopholes and revised to improve competitive outcomes.
- 3
Divestiture execution plan validated
Pre-implementationBuyers and implementation steps are assessed for independence and viability.
- 4
Verification milestone reached
Within 12 months (if this path is used)Divestiture requirements are completed and verified, with monitoring in place.