Possible Khan FTC Nomination Reaction Follows Partisan Lines
President Joe Biden’s reported decision to nominate Columbia Law School’s Lina Khan for an open FTC seat drew reactions mostly along party lines Tuesday. Consumer groups praised the news. The Information Technology and Innovation Foundation called her “populist” views a threat to traditional antitrust enforcement.
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This would be a “major victory for locally-owned businesses, workers, and everyone who has been negatively affected by the dominance of Big Tech,” tweeted House Antitrust Subcommittee Chairman David Cicilline, D-R.I. Khan previously was a staffer for Cicilline and FTC Commissioner Rohit Chopra, who has been nominated to the Consumer Financial Protection Bureau. The FTC and White House didn’t comment.
Senate Antitrust Subcommittee ranking member Mike Lee, R-Utah, called the nomination “deeply concerning,” noting Khan graduated from law school less than four years ago. “She lacks the experience necessary for such an important role,” Lee said. “Her views on antitrust enforcement are also wildly out of step with a prudent approach to the law.” He suggested Biden would be putting ideology ahead of “competent antitrust enforcement, which would be gravely disappointing.”
Public Knowledge commended Khan for “championing” the public interest. Biden would be signaling that “antitrust enforcement and important competition policy changes will be a high priority,” said PK Competition Policy Director Charlotte Slaiman. “Khan has already had an incredible impact, pushing the competition policy discussion in the right direction with her work.” Public Citizen said the FTC “has failed to take on corporate abuses of power including rampant antitrust violations, privacy intrusions, data security breaches, and mergers.” PC credited Khan for her work with the House Judiciary Committee and for “calling for clearer enforcement guidelines” at the FTC.
ITIF noted Khan was “instrumental in bringing a populist view of antitrust to mainstream media and the general public,” along with Columbia Law School’s Tim Wu, recently appointed White House adviser-competition and tech policy (see 2103050046). “Her influence gained momentum when she helped write the House Antitrust Subcommittee report on big tech companies,” said ITIF Director-Antitrust and Innovation Policy Aurelien Portuese. “Khan’s antitrust populism threatens to derail traditional enforcement of antitrust laws as an engine for enhancing consumer benefits and spurring innovation.”
Former Republican FTC Commissioner Joshua Wright, now a George Mason law professor, tweeted: “The FTC is built upon the idea that having a diverse mix of expertise and experience makes the agency better. While we undoubtedly will often have different views, Lina brings much to the table and should be confirmed.”