Portrait of Lina Khan, the author of the Yale Law Journal article “Amazon’s Antitrust Paradox,” which has been read far 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 well-known tech critic whose investigation of the Amazon antitrust case led to a settlement among enforcers, is President Joe Biden’s choice to become a commissioner at the Federal Trade Commission, the White House announced Monday.
If confirmed, Khan could vote on important antitrust and consumer protection matters at the FTC. That could include a decision on whether or not to file an antitrust suit against Amazon, which it has reportedly investigated, and whether or not to block acquisitions by large corporations.
The selection has already been roundly applauded by progressives who see Khan as the type of enforcer who could curb tech giants that lawmakers on both sides of the aisle believe have abused their power. It builds on Biden’s decision to hire another prominent enforcement attorney, Tim Wu, to work on technology and competition policy on the National Economic Council.
Khan is widely praised in progressive circles for her anti-trust scholarship, which 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,” challenging the consumer-welfare-focused approach that had dominated antitrust enforcement for years. She recently taught anti-trust law at Columbia University.
In her 2017 note, Khan argued that a more comprehensive interpretation of the antitrust laws should be used to properly evaluate a digital platform like Amazon that can act as a market’s gatekeeper. She wrote that platforms could, for example, use predatory pricing, which consumers seem to benefit from lowering prices, but in fact exclude legitimate competitors who could innovate further.
She also played a key role in the compilation of the voluminous report detailing the alleged anti-competitive behavior of Amazon, Apple, Facebook and Google while working for the House Judiciary’s antitrust subcommittee. Khan mainly worked on the Google portion of the report. The Democratic proposal offered sweeping reforms to the antitrust laws that would make it more difficult for the tech giants to buy smaller companies, among other suggestions.
While lawmakers on both sides of the aisle have pushed for stronger enforcement of the antitrust laws against the tech companies, Khan’s appointment could still face headwinds. Senator Mike Lee, R-Utah, criticized Khan’s youth and experience in a statement after Politico reported on her selection earlier this month.
“Ms Khan has undoubtedly a promising career ahead of her, but having less than four years of law degree she lacks the experience necessary for such an important role as a commissioner of the FTC,” said Lee. Her views on antitrust enforcement are also completely out of step with a cautious approach to the law. time when it is absolutely critical that we have strong and effective leadership in enforcement agencies. This time is too important for our antitrust enforcers to learn on the job. “
If confirmed, Khan would join Democrat and Acting Commissioner Rebecca Kelly Slaughter and Republican Commissioners Noah Phillips and Christine Wilson. That would leave Biden with one more commissioner seat to complete the agency’s five-member panel, after nominating current Democratic commissioner Rohit Chopra to head the Consumer Financial Protection Bureau.
Khan would also be tasked with reviewing consumer protection cases handled by the FTC. In recent years, such cases include the FTC’s $ 5 billion settlement with Facebook for its privacy policy and a $ 170 million fine against YouTube for alleged violations of children’s privacy protections.
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