Portrait of Lina Khan, author of the Yale Law Journal article, “Amazon’s Antitrust Paradox”, which has been read much more than any other legal article. Khan was photographed at her home in Larchmont, New York, on July 7, 2017.
The Washington Post | The Washington Post | Getty Images
Lina Khan, the famous technology critic whose examination of the antitrust case against Amazon generated a reckoning among the executors, is President Joe Biden’s choice to become commissioner of the Federal Trade Commission, the White House announced on Monday. .
If confirmed, Khan would vote on important cases involving antitrust and consumer protection in the FTC. This may include the decision to file an antitrust lawsuit against Amazon, which it is allegedly investigating, as well as blocking acquisitions by large companies.
The selection has already been widely applauded by progressives who see Khan as the type of executor who could control tech giants that lawmakers on both sides of the corridor believe have abused his power. It builds on Biden’s decision to hire another prominent law enforcement advocate, Tim Wu, to work on technology and competition policy at the National Economic Council.
Khan is widely praised in progressive circles for his antitrust scholarship, which has focused on technology companies in particular. As a law student at Yale University in 2017, she wrote a viral note entitled “Amazon’s Antitrust Paradox” that challenged the consumer-focused approach that has dominated antitrust enforcement for years. Most recently, she taught antitrust law at Columbia University.
In his 2017 note, Khan argued that a broader interpretation of antitrust laws should be used to properly assess a digital platform like Amazon, which can act as a market keeper. She wrote that platforms could engage in predatory pricing, for example, which would appear to benefit consumers by lowering prices, but would in fact eliminate legitimate competitors who could innovate further.
She also played a key role in drafting the robust report detailing the alleged anti-competitive behavior of Amazon, Apple, Facebook and Google while working for the House Judiciary’s antitrust subcommittee. Khan worked mainly on the Google section of the report. The Democratic proposal offered radical reforms to antitrust laws that would make it more difficult for tech giants to buy smaller companies, among other suggestions.
While lawmakers on both sides of the corridor are pushing for stronger enforcement of antitrust laws against technology companies, Khan’s appointment may still face some headwinds. Senator Mike Lee, R-Utah, criticized Khan’s youth and experience in a statement after Politico informed him earlier this month of his choice.
“Ms. Khan undoubtedly has a promising career ahead of her, but because she has been out of law school for less than four years, she does not have the experience needed for such an important role as FTC Commissioner,” said Lee. opinions on antitrust enforcement are also totally out of step with a prudent approach to the law. Ms. Khan’s appointment would signal that President Biden intends to put ideology and policy ahead of competent antitrust enforcement, which would be deeply disappointing in a when it is absolutely critical that we have strong and effective leadership in enforcement agencies. This is a very important time for our antitrust enforcers to learn at work. “
If confirmed, Khan would join Democrat and acting Commissioner Rebecca Kelly Slaughter and Republican Commissioners Noah Phillips and Christine Wilson. This would leave Biden with yet another commissioner chair to fill to complete the agency’s five-member panel, after he appointed current Democratic commissioner Rohit Chopra to head the Department of Consumer Financial Protection.
Sarah Miller, executive director of the American Economic Liberties Project antimonopoly group, called Khan “an extraordinary choice for the Federal Trade Commission”.
But, she added, Biden must continue to appoint strong antitrust enforcers to the FTC and the Justice Department’s Antitrust Division.
Khan would also be tasked with assessing consumer protection cases under the FTC. In recent years, such cases have included the FTC’s $ 5 billion deal with Facebook over its privacy policies and a $ 170 million fine against YouTube for allegedly violating children’s privacy protections.
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