The Amazon lawsuit the FTC filed Tuesday shows how Lina Khan has evolved as a regulator.
Meanwhile, President Biden tapped Khan in 2021 to chair the FTC, with an implicit mandate to rein in Big Tech. She jumped right in, refiling a lawsuit that aimed to break up Facebook parent company Meta and suing to block acquisitions by Meta and Microsoft. But judges overruled the FTC’s objections to both mergers, smacking down some of Khan’s legal theories in the process.
“If we succeed,” Khan told reporters, “competition will be restored, and people will benefit from lower prices, greater quality, greater selection as a result.” Radical stuff indeed. Barry Lynn, Khan’s onetime boss at the anti-monopoly Open Markets Institute, probably doesn’t agree with Coniglio on much. But he also saw pragmatism at work in the case’s reliance on some established categories of antitrust allegations, alongside some more envelope-pushing arguments, particularly around the alleged harms to sellers and suppliers.
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