New FTC Chair Facing Court Limits

The Fiercest Foes of America's Technology Giants cheered when Lina Khan, a Professor at Columbia Law School, was confirmed by the Senate, on June 15th, for a Seat on the Federal Trade Commision (FTC).

Then President Biden handed them a gift they could hardly believe, He named her Chair of the Antitrust Agency, where she'll be responsible for Challening Mergers and taking on Companies when they use their Market Muscle to snuff out Competition.

Now comes the hard part, putting her ambitious Agenda into Action. The biggest hurdle, say Antitrust Experts, is a Judiciary that's made it very Difficult for Competition Watchdogs to win ambitious Cases. And to make any Changes of Consequence, whether Breaking Up a Monopoly or Stopping a Takeover, Enforces must prevail in Court.

U.S. Tech Titans are at the Center of the Antitrust Debate in D.C. They're ever more Powerful: Apple, Amazon, Alphabet, and Facebook, among the 10 Largest Companies in the World, by Market Value. A House Investigation, last year, Accused the Companies of Abusing their Dominance to Thwart Competition, and Lawmakers are considering a raft of Bills to impose New Rules on how the Companies Operate. Federal Antitrust Enforcers and State Attorneys General have Sued Google and Facebook Inc. for what Authorities say are Monopoly Abuses.

Lawmakers are already moving to give Antitrust Enforcers New Authority to take on companies. A Package of Bills would:

- Toughen Merger Reviews for Tech Companies.

- Change how they treat Businesses that Depend on their Platforms.

- Prohibit certain Products and Services.

Many of the Ideas are modeled on the Recomendations in a House Report Khan helped write.

Now Khan is Leading the very Agency that's drawn Ridicule from some quarters for Falling Down on the Job. The FTC closed an Antitrust Investigation of Google almost a Decade ago and stood by as Tech Companies increased their reach with a spree of Acquisitions.

She won't have to wait for her First Big Test. The FTC will oversee an Antitrust Investigation of Amazon's proposed Acquisition of Hollywood Studio, MGM.

It's just the kind of Deal Khan has Warned about.










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