Lina Khan, Nominee for Commissioner of the Federal Trade Commission
In a move suggesting an aggressive posture on antitrust enforcement, the White House said it was submitting the nomination of Lina Khan — an associate professor of law at Columbia University’s law school — to the Federal Trade Commission, an agency with authority over some mergers and antitrust policy.
The move follows the naming of Tim Wu, another Big Tech critic, to an economic advisory post in the White House.
For Democrats and progressives, Khan’s nomination was a sign that the Biden administration may be the toughest one in history when it comes to tech.
“We need all hands on deck as we work to take on some of the biggest monopolies in the world, and President Biden is making his commitment to competition clear,” Senate antitrust committee leader Sen. Amy Klobuchar (D-MN) said.
Even White House Press Secretary Jen Psaki said to expect more tech scrutiny from Biden earlier this year. “The president has been clear — on the campaign, and, probably, more recently — that he stands up to the abuse of power, and that includes the abuse of power from big technology companies and their executives,” Psaki said.
Khan previously served as counsel to the US House of Representatives’ subcommittee on antitrust, which last year released a lengthy report suggesting grounds for breaking up giants such as Facebook, Google, Amazon and Apple.
She also authored a 2017 paper called “Amazon’s Antitrust Paradox,” which outlined the growing dominance of the e-commerce and tech giant, which some say helped shift sentiment on antitrust.
Khan worked in the office of Federal Trade Commission member Rohit Chopra and was legal director at the Open Markets Institute, a think tank which has been highly critical of the Silicon Valley giants.
The news comes amid a growing backlash against tech behemoths that have dominated key economic sectors and seen their influence grow during the coronavirus pandemic.
The move is likely to trigger a contentious nomination fight, with some Republicans already expressing opposition to Khan.
Utah Senator Mike Lee said earlier this month that “being less than four years out of law school,” Khan “lacks the experience necessary for such an important role as FTC Commissioner.”
Additionally, Lee said, “her views on antitrust enforcement are also wildly out of step with a prudent approach to the law” and that her appointment “would signal that President Biden intends to put ideology and politics ahead of competent antitrust enforcement.”
But Charlotte Slaiman of the consumer advocacy group Public Knowledge welcomed the news, saying earlier this month that Khan’s appointment “will signal that antitrust enforcement and important competition policy changes will be a high priority.”
Lawmakers and policymakers in recent years have been mulling the decades-old “consumer welfare” standard of antitrust enforcement, which allows for a largely hands-off approach for big firms as long as prices are not impacted.
Critics say this approach has allowed Big Tech firms to grow unchecked with unprecedented power over key sectors of the economy.
Last week, acting FTC chair Rebecca Slaughter suggested heightened antitrust scrutiny, including of the digital economy.
“The increasing presence of large technology companies in our daily lives and in our economy animates recent calls for antitrust reform,” Slaughter told a congressional panel.
About LINA KHAN:
Lina Khan is an associate professor of law at Columbia Law School, where she teaches and writes about antitrust law, infrastructure industries law, and the antimonopoly tradition. Her antitrust scholarship has received several awards and has been published by the Yale Law Journal, Harvard Law Review, Columbia Law Review, and University of Chicago Law Review.
Khan previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, where she helped lead the Subcommittee’s investigation into digital markets. Khan was also a legal advisor in the office of Commissioner Rohit Chopra at the Federal Trade Commission and legal director at the Open Markets Institute. She is a graduate of Williams College and Yale Law School.