Hard Fork
Hard Fork

BONUS: Hard Fork Live! Big Tech’s Arch Nemesis + Bot, or Not?

Jonathan Kanter, who heads up the Justice Department’s antitrust division, believes that antitrust laws are critical for innovation — from ad tech to A.I. The assistant attorney general is bringing a new philosophy to enforcing those laws. So, how is his new approach to protecting competition playin

Featured Speakers

The New York Times HostJonathan Cantor Guest

Topics Discussed

Episode Summary

Executive Summary: Hard Fork’s SXSW live episode features a wide-ranging interview with DOJ antitrust chief Jonathan Cantor on why tech competition law must evolve for free, data-driven, AI-era markets, plus a playful “Bot or Not” game testing the audience’s ability to spot AI-generated content. The discussion centers on monopoly power, Google’s cases, AI’s competitive effects, and how regulators should adapt to modern digital markets.

Main Topics: Live SXSW opening and show framing (Priority: 4/5): The hosts introduce the special live bonus episode, thank the audience, and explain the show includes an interview with Jonathan Cantor plus a bot-detection game. Jonathan Cantor’s antitrust philosophy (Priority: 5/5): Cantor argues antitrust should focus less on consumer prices and more on preserving competition, choice, and freedom in modern digital markets that run on data and attention. DOJ cases against Google and big tech (Priority: 5/5): The conversation covers DOJ lawsuits over Google Search and ad tech, including exclusive distribution agreements and the structure of ad tech as a market more like a stock exchange. AI and the future of competition (Priority: 5/5): Cantor outlines a dual view of AI: it may both intensify competition and concentrate power due to infrastructure, data, and scale effects; DOJ is preparing for both outcomes. Antitrust remedies and enforcement strategy (Priority: 4/5): The hosts press Cantor on whether the DOJ should use settlements, interoperability conditions, or hard litigation; he emphasizes winning cases and letting courts develop the law. Bot or Not audience game (Priority: 3/5): The live audience participates in a quiz identifying AI-generated trends, voices, quotes, recipes, and reality show concepts, illustrating how convincing synthetic content has become.

Key Arguments: Antitrust law should be updated for a world of "ones and zeros" rather than "poles and wires," because digital markets differ fundamentally from older industrial-era assumptions. Free services are not truly free if users pay through data, privacy, and profiling; that should count in assessing market power and harm. Competition and choice are foundational democratic values, not just economic metrics; monopolies can shape what people see, consume, and how they behave. DOJ’s role is to enforce existing law aggressively while Congress considers broader reforms; Cantor says the office will use whatever tools it has. Google’s Search case centers on exclusive distribution deals that locked up scale and hindered rivals from competing effectively. Google ad tech is framed as a market structurally similar to a stock exchange, with conflicts of interest when the platform also competes in the marketplace. AI could increase competition by enabling startups, but it could also entrench giants due to compute, GPUs, data, and feedback loops. The DOJ is hiring technical experts because understanding modern tech markets requires data scientists, AI specialists, economists, and domain experts. Courts need modern fact patterns to develop antitrust doctrine for digital markets; bringing cases is part of shaping that jurisprudence. AI may raise new antitrust issues such as algorithmic price fixing or market allocation without direct human agreement.

Data Points: Google antitrust search case trial timing: September - Cantor says the DOJ search lawsuit against Google is set for trial this September. Number of DOJ lawsuits against Google mentioned: 2 - He references two major DOJ cases: Search and ad tech. Years cited for antitrust statutes: 1890, 1914, and beyond - Cantor notes the DOJ is using long-standing antitrust laws dating back to 1890 and 1914. Time since starting at DOJ: a little over a year - Cantor says he recognized AI as a major issue soon after joining DOJ. Project Gretzky: Named after Wayne Gretzky’s "skate to where the puck is going" saying - The DOJ’s internal effort to anticipate AI-related competition issues. Bing users mentioned: 100 million - The hosts cite Bing claiming 100 million active users after launching its new chat feature. New Bing users share: a third are new - The hosts mention Bing said about one-third of those users are new since the chat launch. Podcast audience behavior anecdote: Several hundred dollars - A listener allegedly slipped past SXSW security to attend the live show, costing SXSW several hundred dollars.

Pivotal Quotes: "we were applying this old framework that was built for a world of poles and wires to a world of ones and zeros" — Jonathan Cantor: Explaining why antitrust doctrine needs updating for digital markets. "The antitrust laws exist because we believe competition, we believe choice, we believe variety is foundational to our freedom." — Jonathan Cantor: Making the normative case for competition-focused enforcement beyond price effects. "We call it Project Gretzky." — Jonathan Cantor: Describing DOJ’s AI initiative focused on anticipating where the puck is going in tech markets.

Implications: The episode signals that U.S. antitrust enforcement is broadening toward data, platform power, and AI infrastructure. For tech firms, that means more scrutiny of exclusivity, self-preferencing, and algorithmic coordination.

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About Hard Fork

“Hard Fork” is a show about the future that’s already here. Each week, journalists Kevin Roose and Casey Newton explore and make sense of the latest in the rapidly changing world of tech. Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. Also, for more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

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