Welcome to The Corner. In this issue, we explore how President Trump’s strategy of taking equity stakes in companies critical to national security is geared to fail. And we look forward to our October 15 and 16 conference on the US-Europe conflict over Free Speech and Democracy.
Open Markets Sharply Condemns the Trump Administration’s Campaign to Silence Jimmy Kimmel and Other Critics
The Open Markets Institute this week sharply condemned the Trump administration and Federal Communications Commission chair Brendan Carr for using direct political threats to force Disney to cancel the ABC late night program Jimmy Kimmel Live! “Until now, the Trump team made most threats against journalists and entertainers behind the curtain. But Chair Carr delivered his demand that Disney cancel Jimmy Kimmel in broad klieglight,” OMI Executive Directly Barry Lynn said. “The time has come for every American who believes in liberty to recognize the role played by the concentration of monopoly power and control in the hands of a few private communications platforms.” The announcement comes just weeks after Paramount Skydance (CBS) canceled “The Late Show with Stephen Colbert,” apparently under
similar pressure from the Trump administration.
The Flaws in President Trump’s Strategy of Nationalizing Control Over Vital Steel and Chip Manufacturers
Audrey Stienon
When President Trump in June approved Nippon Steel’s acquisition of US Steel on the condition that the U.S. government receive a “golden share” in the new venture, most viewed the arrangement as a one-time event. Then, in July, the Department of Defense announced plans to take a 15 percent equity stake in rare earths miner MP Minerals. And in August Trump announced plans to repurpose a Biden-era subsidies to U.S. semiconductor
manufacturers to take a 10 percent equity stake in the American chipmaker Intel. These deals — alongside hints that Trump officials are considering similar investments in other companies, like defense contractor Lockheed Martin — sparked outrage among pundits, with the Wall Street Journal concluding that “capitalism in America is starting to look like China.” Yet the real story is not the revolutionary nature of the actions; the U.S. government has throughout its history established, purchased, or otherwise controlled private companies to ensure that certain industrial activities meet national priorities. Rather, what’s concerning is that the administration appears to have set these deals up to fail at achieving their stated industrial policy goals. In all three cases, it’s not hard to argue that action was needed. These corporations each produce key inputs for products critical to national security, yet they have fallen behind foreign competitors, who in turn have concentrated global
production of these vital goods abroad. That’s why the Biden administration first launched the effort to increase domestic production of steel, critical minerals, and semiconductors to reduce U.S. dependence on foreign suppliers. Historically, the U.S. government has repeatedly taken de facto control over management of private businesses — starting early in the Republic with armories and shipbuilding. During World War I, the Wilson administration temporarily nationalized the entire railroad industry. In the 1970s, the government established the Consolidated Rail Corporation to buy out the failing Penn Central railroad, which it then
managed for 15 years. After the government bailed out Lockheed in 1971, it asserted a right to oversee its financial records and decision-making. Although the crises facing the steel and semiconductor industries today may not have the same immediacy as war, these corporations undeniably need support to be able to supply the inputs needed for U.S. national security, technological, and climate goals. Trump’s golden share in US Steel grants the government veto power over management decisions that raise national security concerns, such as the closing of domestic facilities. This addresses the major risks of a foreign acquisition of US Steel, which faced no other good options for staying solvent despite having long benefited from subsidies and trade protections. Prior to its deal, MP Minerals received a combined $148.5 million from the Pentagon and Inflation Reduction Act (IRA) to support its re-opening of the Mountain Pass mine and the creation of new domestic facilities to process rare earths and manufacture rare earth magnets. Mountain Pass was the world’s largest rare earths producer in the 1970s and 1980s, but closed in 2002 after growing Chinese supply drove down global prices. The Pentagon’s new $400 million equity investment makes them the corporation’s largest shareholder. Intel, meanwhile, was awarded $10.86 billion in grants through the Biden administration’s CHIPS Act to increase domestic semiconductor production. Trump’s deal takes the $8.9 billion in grant money not yet been disbursed and transforms it into an equity investment.
The administration argues the deal will allow taxpayers to recoup this money if Intel succeeds financially. The real test of these deals is whether they deliver as promised. Unfortunately, it appears that Trump is undercutting them through his other signature policies. First, Trump’s attacks on green industries, from electric vehicles to offshore wind, are driving down demand for inputs like steel and rare earths. Since the Pentagon’s deal includes a purchase guarantee for MP’s magnets, any drop in demand from green sectors will increase the financial burden of keeping MP Minerals
afloat. A second concern is that Trump’s attacks on foreign workers — epitomized by the recent ICE raid at a Hyundai battery factory in Georgia — will complicate these corporations’ ability to attract skilled workers away from foreign competitors. Third, it’s unclear whether the administration can keep these corporations aligned with its industrial policy goals. The golden share, for instance, gives the government no mechanism for holding Nippon Steel to their investment pledges. Meanwhile, Intel has a long history of cannibalizing its core functions to pay dividends to its investors, and has indicated that it plans to use Trump’s equity funding to pay its debts rather than investing, as Biden’s grants had required, in domestic manufacturing. Superseding these
tactical questions, however, are concerns that Trump’s real priority is consolidating his own power. Unlike either the IRA or CHIPS, these deals are conducted without any Congressional oversight. Left unchecked, publicly owned equity becomes just one more industrial policy, alongside tariffs or antitrust enforcement, that Trump can use to reward or punish businesses based on his political whims.
Open Markets to Host Trans-Atlantic Conference on Democracy and Free Speech, October 15 & 16 in Brussels
The Open Markets Institute and Article 19 will co-host a major conference, “The Future of Democracy: Speech, Thought, Sovereignty, and Power in the Age of Platforms and AI,” October 15 and 16 in Brussels. The conference will bring together leading thinkers, lawmakers, and advocates to discuss the threats to our democracies and basic liberties posed by today’s dominant tech platforms, the rise of AI, and interference by foreign states. The event will be a powerful statement in defense of human liberty and the sovereignty of democratic nations and could not come at a more critical time for the freedom
speech. We will be joined by Nobel Peace Prize laureate Maria Ressa; Europe’s Commissioner for Democracy, Justice, and the Rule of Law Michael McGrath; former Italian President and former Competition Commissioner Mario Monti; former EVP of the European Commission Margrethe Vestager; U.S. Senator Chris Murphy; Elevation Partners Founder Roger McNamee; FrenchMinister of State for Digital Affairs Clara Chappaz, and many other leading voices. Register here for the livestream.
Open Markets Chief Economist Brian Callaci’s Book on Franchise Model to Publish in April
Open Markets Institute’s chief economist Brian Callaci will publish his first book Chains of Command: The Rise and Cruel Reign of the Franchise Economy on April 20 through University of Chicago Press. The book offers a sharp critique of the franchise model used by many fast food chains, which has shaped labor markets, corporate power, and inequality in the U.S. In Chains of Command, Callaci shows how franchisors have altered the legal treatment of corporations in their favor through a decades-long crusade of lobbying and litigation, and argues for greater cooperation between workers and small franchise owners.
Pre-order the book here.
Open Markets Submits Amicus Brief Urging Court to Force Divestiture in Google Ad Tech Case
Open Markets Institute submitted an amicus brief in United States v. Google, urging the court to force Google to sell off its ad exchange and publisher ad server. The brief argues that such actions will help restore competition in the digital advertising technologies market in ways that protect news publishers and broadcaster, advertisers, and citizens, while also promoting a stronger democracy. OMI policy counsel Tara Pincock argued that only structural relief would end Google’s illegal dominance of the adtech market. The remedies decision on Google’s ad tech monopoly will come on the heels of a disappointing decision
in the Google search case, in which the judge not only opted against forcing divestitures but also outlawing abusive practices the tech giant used to maintain its illegal monopoly. Read the brief here.
The Open Markets Institute condemned the Federal Trade Commission’s failure to defend its non-compete ban. “This is a major setback for working people in the United States,” OMI legal director Sandeep Vaheesan said. “Instead of defending a rule that frees tens of millions of Americans from non-compete clauses that bind them to their present job, FTC Chair Andrew Ferguson once again sides with corporate interests. Last week, the FTC filed a motion to withdraw from a case in
the Court of Appeals for the Fifth Circuit and instead plans to review the use of non-competes on a case-by-case basis.
The Center for Journalism & Liberty at Open Markets Institute issued a statement urging the Federal Communications Commission to block David Ellison’s bid to acquire Warner Bros. Discovery, saying the merger would pose a major threat to press freedom and media plurality. CJL@OMI director Courtney Radsch cautioned that Ellison had only just secured approval for Skydance’s merger with Paramount by promising Federal Communications Commission chair Brendan Carr increased editorial control and an end to diversity programs, pledges she described as “in direct
violation of the First Amendment and outside of the standard merger assessment criteria of the FCC.”
Open Markets Institute legal director Sandeep Vaheesan was recognized by the Electronic Privacy Information Center (EPIC) as a 2025 Champion for Freedom. The award honors his leadership in challenging monopoly power and advocating for policies that safeguard democracy, privacy, and the public interest.
Courtney Radsch, director of Open Markets’ Center for Journalism and Liberty, spoke on a panel entitled “From RAGs to Riches” at the Online News Association’s annual conference, held last week in New Orleans. Radsch also unveiled a new primer on the fast-growing AI content licensing market, which offers profiles of companies that are legally licensing publisher-created
content for training AI systems, such as TollBit, Sphere, ScalePost, ProRata.ai, Miso.ai, and Created by Humans.
MLex quoted Open Markets Europe director Max von Thun in a story on how European regulators are now considering the AI technologies market when enforcing the Digital Markets Act to curb abusive practices by Big Tech platforms. “The DMA could play a major role in preventing AI from being dominated by a handful of U.S. tech giants,” he said.
CalMatters quoted Open Markets reporter Austin Ahlman on Google’s growing lobbying presence in statehouses in a story widely syndicated by Associated Press. Ahlman noted how Google giants orchestrated a behind-the-scenes campaign against California’s new privacy law in the story, which was reprinted in East Bay Times, The Mercury News, The Business Journal, SFGATE, KPBS, The Markup, San Jose Inside, SecurityWeek, SiliconBeat, and El Observador.
Open Markets Institute’s Europe director Max von Thun was quoted by Common Dreams on the European Commission’s $3.5 billion fine against Google for abusing its dominance in the adtech sector, saying it was an “important first step in breaking Google’s chokehold over the underlying architecture not merely of the internet, but of the free press in the 21st century.” The story was syndicated by Raw Story. Open Markets senior fellow Cori Crider was also quoted by Reuters and NBC News commenting on the European Commission’s hefty fine against Google, in an article that was syndicated by The Straits
Times, Euronews, News X, the New York Post, The Indian Express, The Hill, U.S. News & World Report, Japan Today, SiliconBeat, NewsNation, CNBC-TV18, and KARE 11, among many others.
Open Markets executive director Barry Lynn’s statement blasting the weak decision by a U.S. District Court on the Google search case, in which he said that the judge’s order “that Google share search data with competitors and cease entering into exclusive contracts does nothing” to rein in Google’s monopoly, was covered by The Guardian, New York Post, Common Dreams, The Associated Press, Brussels Reporter, The Verge, and The Blade among others. CJL@OMI director Courtney Radsch was also quoted on the “problematic” decision by Reuters, saying, “It means antitrust as it is being wielded now is too backward-looking, and it's not looking at how to prevent illegal anticompetitive behavior.” The Reuters story was syndicated in outlets including New Straits Times, CTV News, SABC News, BNN Bloomberg, and Gulf Times.
The Des Moines Register reported on efforts by a coalition including Open Markets to block President Trump from removing a key railroad regulator, Surface Transportation Board member Robert Primus, who had taken a stand against corporate interests and further consolidation in the rail sector.
A federal judge allowed an antitrust lawsuit against healthcare records megacorporation Epic Systems to proceed. The lawsuit from Particle Health accuses Epic of illegally leveraging its dominance in healthcare records to unfairly advantage its entry into payer platforms. (Milwaukee Journal Sentinel)
Advertising corporation Magnite became the latest of a series of sell-side platforms to sue Google over claims the tech giant illegally monopolized ad exchange and publisher server markets. The lawsuits follow a finding in federal courts earlier this year that Google has illegally maintained a digital advertising monopoly. (Adweek)
The United Kingdom’s Competition and Markets Authority issued a finding that the merger between sports-betting corporation Spreadex and a division of Sporting Index created an illegal monopoly. The finding lays the groundwork for a forced divestiture. (Reuters)
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80%The stake in TikTok that will be owned by a consortium of U.S. investors that includes Oracle and Andreesen Horowitz in a deal currently being finalized in trade talks between the U.S. and China. An internal valuation of Bytedance, the company that owns TikTok, hit a high of $330 billion last month. (Wall Street Journal)
📚 WHAT WE'RE READING:We Are Eating the Earth: The Race to Fix Our Food System and Save Our Climate — Author and journalist Michael Grunwald unpacks the worrying trajectory of the increasingly concentrated and destructive global food industry.
Grunwald’s account argues that absent serious reforms, consolidation will steer us towards ecological disaster regardless of whether we get a handle on fossil fuels. IHe highlights ways for governments to implement more sustainable agriculture and livestock practices, rein in dangerous corporate behaviors, and spur new innovations that can sustainably feed the world.
Order Legal Director Sandeep Vaheesan’s new book: Sandeep Vaheesan, the legal director at the Open Markets Institute, published his first book Democracy in Power: A History of Electrification in the United States on December 3, 2024. Vaheesan examines the history—and presents a possible future—of the people of the United States wresting control of the power sector from Wall Street, including through institutions
like the Tennessee Valley Authority and rural electric cooperatives.
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