An influx of tech antitrust hardliners into the Biden administration points to a new toughness against technology from the Democrats.
Why it matters: Technology companies that were unhindered by regulation during the Obama administration will now be scrutinized by lawyers who have made a name for themselves by targeting the magnitude and power of the behemoths.
Lina Khan, Known in anti-trust circles for its ideas to keep platforms like Amazon from competing directly with sellers, is being vetted as a slot nominee for Democratic FTC commissioner, according to two sources familiar with the case. The news was first reported by Politico.
- Khan is a former public interest advocate who worked at the FTC for former Democratic Commissioner Rohit Chopra, and served as an adviser to the House Judiciary Committee during her years of research into Big Tech companies.
- Khan represents a newer school of antitrust thinking, where company size, market dominance, and the treatment of competitors are viewed as anti-competitive behavior that regulators must bring in – rather than judging monopoly power primarily on the basis of harm to consumers.
Team Wu, Known for coining the term “net neutrality”, was appointed special assistant to the president for technology and competition policy.
- According to a report by the New York Times, his role at the White House will include competition policies in other industries.
- Wu is a professor at Columbia University and author of “The Curse of Bigness” on the dangers of the growing power of Big Tech.
- He previously worked for the Attorney General of New York and also held advisory roles at the FTC and for the White House National Economic Council during the Obama administration.
Of interest: The Senate Judicial Committee will hold its hearing Tuesday for civil rights attorney Vanita Gupta, nominated for Associate Attorney General.
- If confirmed, Gupta, who was it? critical of Facebook, would oversee the antitrust and civil rights departments of the Justice Department. However, Biden has not yet named a leader for the antitrust division.
What they say: “The president has been clear – over the campaign, and probably more recently – that he stands up against abuse of power, and that includes abuse of power by major technology companies and their executives, “White House press secretary Jen Psaki said last week.
Reality check: The roles that Khan and Wu will play within the administration are not ultimate decision-makers, so while they will be influential in shaping the debate, they will not have the final say on the outcomes.
What to watch: Biden’s choice to lead the Justice Department’s antitrust division and the permanent chairman of the FTC, which launched cases against Google and Facebook last year, will further clarify the government’s stance on antitrust enforcement.