The intersection of antitrust law and access to justice is most noticeable where concentrated control over legal information systems has created barriers that undermine both competitive markets and equitable access to the judicial system. While antitrust law traditionally focuses on market efficiency and consumer welfare, this narrow economic framework fails to address how information monopolies in the legal sector systematically exclude marginalized communities from accessing justice.

The tension between data-driven innovation and market concentration is particularly acute in the legal sector, where the accumulation and control of legal information directly impacts democratic participation and the rule of law. Current antitrust enforcement, constrained by the consumer welfare standard, rarely extends beyond basic economic analysis to consider broader social justice implications. This limitation represents a fundamental mismatch between antitrust theory and the realities of information-dependent democracy.

Through a political economy lens, this article demonstrates that barriers to legal information access are not market accidents but the predictable result of institutional arrangements that treat antitrust as a neutral, efficiency-maximizing toolbox while masking its distributive choices. The narrow focus on economic competition limits interventions that could foster innovative legal service models and expand access to justice for underserved communities.

Reconciling traditional antitrust goals with access to justice requires acknowledging the ideological tensions inherent in treating legal information as a commodity. Only by expanding antitrust analysis beyond consumer welfare to encompass broader democratic values can policymakers address the systematic exclusion of marginalized groups from legal representation and court access. This expanded framework would recognize that competition in legal information markets is not merely about efficiency but about preserving the foundational promise of "equal justice under law."

Existing constitutional doctrine on prisoners' rights to information and access to courts is increasingly undermined by the migration of legal, educational, and civic life to digital platforms that prisoners cannot reach. Against the backdrop of the Wright-Reed litigation over exploitative prison phone rates and the subsequent 2022 Martha Wright-Reed Just and Reasonable Communications Act, this Article traces how deregulation, exclusive dealing, and revenue-sharing commissions created a carceral communications market that systematically overcharges incarcerated people and their families, and how recent FCC efforts to cap rates have been weakened by waivers and deference to sheriffs and corrections officials.

This regime of "digital punishment" now extends beyond telephony to near-total internet exclusion, enforced both through formal bans and through harsh disciplinary responses to unauthorized digital access, despite growing evidence that digital literacy, online education, and sustained family contact reduce recidivism and facilitate reentry. Drawing on comparative examples from Europe and international human rights instruments, this Article argues that secure, monitored internet access in prisons is administratively feasible, consistent with legitimate security concerns, and increasingly recognized as integral to human dignity and equal participation in contemporary society. The next evolution of prisoners’ communication rights should come through federal legislation: an amendment to the Martha Wright-Reed Act that recognizes internet access as a protected communications service, mandates just and reasonable pricing subject to FCC rate regulation, and requires correctional systems to provide meaningful, monitored internet access—particularly for legal research, education, and family communication—so that incarcerated people are not permanently consigned to digital exile.