WASHINGTON: Lina Khan, an antitrust researcher focused on Big Tech’s immense market power, was sworn in as chair of the US Federal Trade Commission.
Hours earlier, the US Senate had confirmed Khan, with bipartisan support, signaling a victory for progressives seeking a clampdown on tech firms who hold a hefty share of a growing sector of the economy.
She recently taught at Columbia Law School. Previously, as a staffer for the House Judiciary Committee’s antitrust panel, she helped write a massive report alleging abuses of market dominance by Amazon, Apple, Facebook and Google.
I’m so grateful to the Senate for my confirmation. Congress created the FTC to safeguard fair competition and protect consumers, workers, and honest businesses from unfair & deceptive practices. I look forward to upholding this mission with vigor and serving the American public.
— Lina Khan (@linamkhan) June 15, 2021
US Senator Elizabeth Warren tweeted that the administration’s selection of Khan was “tremendous news.” “With Chair Khan at the helm, we have a huge opportunity to make big, structural change by reviving antitrust enforcement and fighting monopolies that threaten our economy, our society, and our democracy,” Warren said in a separate statement.
The Information Technology and Innovation Foundation (ITIF), whose board includes representatives from tech companies, issued a statement warning that a “populist approach to antitrust” would “cause lasting self-inflicted damage that benefits foreign, less meritorious rivals.”
The federal government and groups of states are pursuing various lawsuits and investigations into Big Tech companies. The FTC has sued Facebook and is investigating Amazon. The Justice Department has sued Google.
Biden previously selected fellow progressive and Big Tech critic Tim Wu to join the National Economic Council.
In 2017, Khan wrote a highly regarded article, “Amazon’s Antitrust Paradox,” for the Yale Law Journal. It argued that the traditional antitrust focus on price was inadequate to identify antitrust harms done by Amazon.
In addition to antitrust, the FTC investigates allegations of deceptive advertising. Khan will join an agency adapting to a unanimous Supreme Court ruling from April which said the agency could not use a particular part of its statute, 13(b), to demand consumers get restitution from deceptive companies but can only ask for an injunction. Congress is considering a legislative fix.
Khan previously worked at the FTC as a legal adviser to Commissioner Rohit Chopra, Biden’s pick to be director of the Consumer Financial Protection Bureau.