Chairman Jordan Seeks Coca-Cola and Ørsted Records for Potential Violations of Antitrust Laws

WASHINGTON, D.C. - Today, House Judiciary Committee Chairman Jim Jordan (R-OH) sent letters to the Chief Executive Officers of Coca-Cola and Ørsted, both members of the Global Alliance for Responsible Media (GARM), requesting documents and communications as the Committee continues its oversight of the adequacy and enforcement of U.S. antitrust laws. The World Federation of Advertisers (WFA) through its GARM initiative may be acting inconsistent with U.S. antitrust laws and congressional intent by coordinating GARM members' efforts to demonetize and eliminate disfavored content online.

Excerpts of the letter to Coca-Cola:

"Coca-Cola's membership in GARM places Coca-Cola in a position to use GARM's collective power to demonetize disfavored platforms and voices. Evidence obtained by the Committee suggests that Coca-Cola used its membership to coordinate with other GARM members regarding decisions about what platforms and content creators should not receive advertising money from GARM's members. The ability to threaten a platform or content creator with a potential withdrawal of advertising spending by GARM members can have the effect of influencing platform decision making or silencing certain viewpoints.

"Under the Sherman Act, this coordinated behavior may be illegal, and it forces the Committee to examine whether current antitrust law is sufficient. Coca-Cola's actions are particularly concerning and require oversight due to the severity of the harm caused by GARM's collusive conduct. For example, coordinating decisions among GARM members can materially restrict the information and content that American consumers can obtain online. Consumers are potentially deprived of a diverse offering of viewpoints and platforms due in part to advertising investment being steered away from the platforms that GARM disfavors.

"Accordingly, to advance the Committee's oversight, please produce the following documents and information for the period from January 1, 2019, to the present:

1. All documents and communications, including but not limited to communications with WFA or GARM or WFA or GARM members, referring or relating to advertising, so-called misinformation, so-called harmful content, or disfavored content on Spotify and the Joe Rogan Experience; and

2. All documents and communications referring or relating to Coca-Cola's involvement in WFA or GARM, including all call notes of discussions or meetings with GARM or GARM members."

Excerpts of the letter to Ørsted:

"Ørsted's membership in GARM places Ørsted in a position to use GARM's collective power to demonetize disfavored platforms and voices. Evidence obtained by the Committee suggests that Ørsted used its membership to coordinate with other GARM members regarding decisions about what platforms and content creators should not receive advertising money from GARM's members. The ability to threaten a platform or content creator with a potential withdrawal of advertising spending by GARM members can have the effect of influencing platform decision making or silencing certain viewpoints.

"Under the Sherman Act, this coordinated behavior may be illegal, and it forces the Committee to examine whether current antitrust law is sufficient. Ørsted's actions are particularly concerning and require oversight due to the severity of the harm caused by GARM's collusive conduct. For example, coordinating decisions among GARM members can materially restrict the information and content that American consumers can obtain online. Consumers are potentially deprived of a diverse offering of viewpoints and platforms due in part to advertising investment being steered away from the platforms that GARM disfavors.

"Accordingly, to advance the Committee's oversight, please produce the following documents and information for the period from January 1, 2019, to the present:

1. All documents and communications, including but not limited to communications with WFA or GARM or WFA or GARM members, referring or relating to advertising, so-called misinformation, so-called harmful content, or disfavored content on the social media platform X (formerly Twitter) and changes to X following Elon Musk's acquisition of the company; and

2. All documents and communications referring or relating to Ørsted's involvement in WFA or GARM, including all call notes of discussions or meetings with GARM or GARM members."

Read the full letter to Coca-Cola CEO James Quincey here.

Read the full letter to Ørsted CEO David Hardy here.

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