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Amazon Seeks Recusal From FTC Chair Khan

FTC Chair Lina Khan should recuse herself from any antitrust matters involving Amazon due to prior public statements, the company said in a filing Wednesday. Those statements “create the appearance of her having prejudged facts and/or legal issues relevant to…

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the proceeding,” the company wrote the agency. Courts and federal ethics rules require commissioners to avoid the appearance of loss of impartiality, the company said. Amazon wrote that the chair has made numerous public statements that go beyond general policy commentary, including detailed pronouncements about market definition, conduct, theories of harm and other legal matters. “These statements convey to any reasonable observer the clear impression that she has already made up her mind about many material facts relevant to Amazon’s antitrust culpability as well as about the ultimate issue of culpability itself,” the filing said. The company cited her work with Open Markets, her academic papers and her work with the House Antitrust Subcommittee. The agency declined comment.