Re:Elizabeth Warren Came Up with a Plan to Break Up Big Tech
by CWuestefeld on Tuesday August 20, 2019 @04:02PM
(#20751414)
The problem's not the "ex post facto". The problem is the "Bill of Attainder". You can't pass a law that, e.g., breaks up Amazon - to do so would be to deprive them of property without trial.
But you can create a law that Amazon (and potentially others) will be in violation of, and following proper trial, they are broken up.
You can certainly pass laws to undo a merger or (equivalently) break up a company.
https://en.wikipedia.org/wiki/Calder_v._Bull