FTC Chair Lina Khan on Antitrust in the age of Amazon
Nov 3, 2023
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FTC Chair Lina Khan, a law school scholar, discusses the flaws in current antitrust enforcement and her proactive approach. She highlights the FTC's new lawsuit against Amazon and its efforts to rein in unchecked power. The podcast explores the shift in antitrust thinking, Lina Khan's responsibilities as the Chair of the FTC, and their aggressive enforcement strategy against big tech companies like Facebook, Meta, Microsoft, and Amazon. The antitrust case against Amazon and the possibility of breaking up the company are also discussed.
Lena Khan advocates for antitrust reform to counter the negative consequences of monopolies and consolidation, such as limited access to healthcare and higher prices of goods.
As FTC Chair, Lena Khan challenges conventional interpretations of antitrust law by pursuing cases against tech giants like Facebook and Amazon, pushing for changes in merger guidelines and expanding the boundaries of antitrust enforcement.
Deep dives
Lena Khan and the Importance of Antitrust Reform
Lena Kahn, Chair of the Federal Trade Commission (FTC), is leading the charge for antitrust reform in the US. She argues that monopolies and consolidation have far-reaching consequences, impacting access to healthcare, prices of goods, and job opportunities. Lena believes that the prevailing approach of letting the market self-regulate has led to hidden costs for consumers. Lena's ideas gained attention in 2017 when she proposed a radical shift in antitrust enforcement. Now, as FTC Chair, she's taking action against tech giants like Facebook and Amazon. While there have been setbacks, Lena is pushing for changes in the merger guidelines and pursuing cases that challenge the existing norms of antitrust enforcement.
Lena Khan's Journey to Antitrust Advocacy
Lena Khan's interest in antitrust began when she researched the poultry industry and witnessed the abuse of power by dominant companies. She recognized how concentrated private power infringed upon people's fundamental liberties. This awareness led her to study the origins of antitrust law and the need for regulations to rein in unchecked power. In the late 19th century, antitrust laws were introduced to counter the concentrated power of trusts and protect consumers and smaller businesses. However, in recent decades, antitrust enforcement has become more lenient, focusing solely on consumer harm. Lena argued for a return to a proactive approach, especially in digital markets where new antitrust threats were emerging.
Lena Khan's Approach to Antitrust Enforcement
As FTC Chair, Lena Khan is challenging conventional interpretations of antitrust law and expanding its boundaries. Her strategy involves revising merger guidelines, investigating potential competition and vertical mergers, and taking legal action against companies that engage in anti-competitive practices. The FTC has faced setbacks in some cases, such as Facebook's acquisitions of Instagram and WhatsApp, Microsoft's merger with Activision Blizzard, and the recent lawsuit against Amazon. Despite these challenges, Lena remains committed to enforcing antitrust laws and deterring illegal behavior through precedent-setting cases.
The Impact of Lena Khan's Advocacy
Lena Khan's advocacy and enforcement actions have already reshaped the conversation around antitrust reform. Her efforts have sparked discussions among deal makers and bankers, making antitrust a key consideration in mergers and acquisitions. The prospect of legal scrutiny has deterred some potentially anti-competitive deals. While Lena has faced criticism from those who argue she is pushing the boundaries of antitrust law, she remains focused on faithfully implementing the existing laws and achieving broader goals of protecting consumers and promoting competition.
When Lina Khan was in law school back in 2017, she wrote a law review article called 'Amazon's Antitrust Paradox,' that went kinda viral in policy circles. In it, she argued that antitrust enforcement in the U.S. was behind the times. For decades, regulators had focused narrowly on consumer welfare, and they'd bring companies to court only when they thought consumers were being harmed by things like rising prices. But in the age of digital platforms like Amazon and Facebook, Khan argued in the article, the time had come for a more proactive approach to antitrust.
Just four years later, President Biden appointed Lina Khan to be the Chair of the Federal Trade Commission, one of the main government agencies responsible for enforcing antitrust in America, putting her in the rare position of putting some of her ideas into practice.
Now, two years into the job, Khan has taken some big swings at big tech companies like Meta and Microsoft. But the FTC has also faced a couple of big losses in the courts. On today's show, a conversation with FTC Chair Lina Khan on what it's like to try to turn audacious theory into bureaucratic practice, the FTC's new lawsuit against Amazon, and what it all means for business as usual.