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This FTC Was the Most Effective in Decades Thanks to Lina Khan
Under her leadership, the Federal Trade Commission consistently delivered for consumers, lowering costs and creating a fairer, more honest, and more competitive economy.
Feb 04, 2025
The first few days of the Trump administration have made it abundantly clear that lowering costs for the American people is taking a back seat to empowering billionaires and weaponizing the government to wage right-wing culture wars.
As Chair Lina Khan leaves the Federal Trade Commission (FTC), I’d like to highlight what service to the American people looks like by highlighting the FTC’s accomplishments over the past four years under her leadership.
Over the last four years, the FTC has consistently delivered for consumers, lowering costs and creating a fairer, more honest, and more competitive economy. Under Chair Khan’s leadership, the FTC took strong actions to make prescription drugs and other health care more affordable, improve access to housing, protect workers, help small businesses, keep kids and teens safer online, protect childrens’ and all Americans’ data privacy, and tackle threats to consumers created by artificial intelligence.
I praise and applaud the spectacular work of the FTC under Chair Khan’s leadership and thank the dedicated staff of the agency for their exemplary service to the American people.
Under Chair Khan, the FTC banned hotels and sellers of sports and concert tickets from charging American consumers junk fees, saving consumers $11 billion over the next decade. They finalized a rule making it simple to "click to cancel," ensuring that consumers don’t get trapped into paying for subscriptions they can’t escape. The FTC also obtained $1.5 billion in consumer refunds over the past four years, ranging from tax preparation companies to corporate landlords. And they banned noncompete clauses to increase the average American worker’s wages by $524 a year.
Chair Khan and the rest of the FTC fervently protected the personal data of millions of Americans by aggressively policing the illegal collection, use, and sale of consumers’ sensitive data. They banned data brokers from selling consumers’ location data, stopped health apps from sharing consumer health data for advertising purposes, and limited companies’ ability to profit from kids’ personal data.
The FTC stood up to pharma’s attempts to unlawfully inflate the price of lifesaving medications including EpiPens and inhalers. Their work reduced out-of-pocket costs for inhalers from $500 to $35 and held three of the largest pharmacy benefit managers (PBMs) accountable for engaging in anticompetitive practices that inflated the cost of insulin.
I praise and applaud the spectacular work of the FTC under Chair Khan’s leadership and thank the dedicated staff of the agency for their exemplary service to the American people. Their commitment to battling corporate greed and protecting consumers should serve as an inspiring example to the new administration.
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Lina Khan Is Big Tech's Worst Nightmare—Here's Why She Should Stick Around
You know you’re making an impact when you’re challenging the status quo and ruffling feathers on both sides of the aisle. Regardless of Trump's arrival, she should stay at the FTC as long as she possibly can.
Dec 18, 2024
This month, the FTC opened an investigation into tech giant Microsoft, which some have called Federal Trade Commission Chair Lina Khan’s “last swing” at Big Tech before her term concludes. But if you think Khan is slowing down, think again. Pencils-down orders be damned, Khan is sprinting through the tape, continuing her fearless crusade to rein in Silicon Valley’s excesses.
But who says her term is over? There are no laws requiring an agency Chair to resign from her post—it’s tradition. While her term expired this fall, she can remain on the Commission until her replacement is confirmed. After President-elect Trump’s norm-shattering run for president, followed by an array of questionable cabinet appointments, why are Democrats so obsessed with tradition? During this transition, it feels like we’re playing checkers when we should be playing chess. Here’s where we start.
We need a warrior like her to continue this fight, and we hope she does.
Given the uncertainty about what’s ahead, we strongly encourage FTC Chair Lina Khan to remain on the Commission. By staying, she could prevent Republicans from gaining a majority for months and help ensure she remains a bulwark against any rollbacks to the FTC’s tough-on Big Tech approach. And if you listen to the rhetoric from Republicans and the president-elect himself, they would be lucky to have her.
Most consider it wildly out of the realm of possibility. They’ll say that the president-elect has already named FTC Commissioner Andrew Ferguson as Chair and nominated Mark Meador to fill Khan’s seat. Both have expressed concerns about market power, but will they be as aggressive?
They’ll point to Trump confidant and billionaire Elon Musk’s tweet that Khan “will be fired soon.” But that’s the beauty of an independent agency. Khan can’t be fired or forced to resign without cause. Does that matter to the incoming president-elect? Probably not, but the courts could be an important backstop. In the meantime, she can continue to serve until Mr. Meador is confirmed.
My question to the American public is this: why change the driver in the middle of the proverbial antitrust highway? During Khan’s tenure, the FTC has faced down tech giants like Amazon, Facebook, and Microsoft, banned almost all noncompetes, sued to prevent grocery heavyweight Kroger from acquiring Albertsons, and stopped Nvidia from attempting a bloated merger. Under her leadership, the FTC has investigated and sued more than three dozen merger proposals and racked up a long list of accomplishments.
This isn’t to suggest that Khan’s achievements are only popular on one side of the aisle.
Vice President-elect JD Vance has not been shy about his approval of Khan’s leadership, previously saying, “I look at Lina Khan as one of the few people in the Biden administration that I think is doing a pretty good job.” While pro-business conservatives have accused her of “overstepping,” those Republicans are out of touch with the voters who put the president-elect back in power. Even some liberals have called her a “dope.” But as the saying goes, you know you’re making an impact when you’re challenging the status quo and ruffling feathers on both sides of the aisle.
There’s a real threat that the new administration’s anti-Big Tech rhetoric from the campaign trail will fizzle out, and CEOs will work quickly to rebuild bridges with the president-elect. It’s rare for a new administration to alter the course of ongoing antitrust cases significantly. However, what could change significantly are the remedies the government seeks for companies found guilty. If you agree that the only remedy for companies like Apple and Google is to be broken up, we need Lina Khan to stay.
She deserves to finish the job she started. Her work has benefited consumers, competition, and the country at large. We need a warrior like her to continue this fight, and we hope she does.
Chair Khan, your move.
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Kamala Harris Should Embrace—and Build Upon—Biden’s Antitrust Legacy
Harris should reject the smear campaign against Khan’s FTC and commit to reappointing her as chair of the commission, signalling that under her administration, corporate lawbreakers would face the full force of the law.
Sep 06, 2024
U.S. Vice President Kamala Harris’ ascension to the top of the Democratic ticket hasn’t just shifted the 2024 electoral calculus—it’s also reignited the battle for the party’s ideological soul. Just as progressives have outlined their hopes for a Harris administration, so too have bad faith actors looking to turn back the clock on the most significant progressive achievement of the Biden era: the reinvigoration of antitrust enforcement.
The revival of anti-monopoly politics has been met with predictable ire from corporate interests that have got off scot-free for decades. This has been largely directed at Lina Khan, the Federal Trade Commission (FTC) chair who has taken on some of America’s most entrenched monopolies. Rather than accede to the demands of Silicon Valley and Wall Street billionaires, Harris should embrace—and entrench—the Biden administration’s antitrust efforts.
It goes without saying that progressives have the right to be disappointed with the legacy of the Biden administration in many respects. Whether one lays the blame on the White House or congressional math, many of the most promising initiatives pushed in 2021 never made it to law. However, the early Biden administration’s focus on reinvigorating antitrust enforcement is one that has paid dividends in the years that followed. The Reagan-era defanging of antitrust helped pave the way for the present-day monopoly crisis, which has left its mark on everything from the tech sector to the rental market to grocery shopping.
The FTC under Khan has taken aim at price gouging in, among others, the energy industry and grocery sector, which compliments Harris’ stated plan to crack down on price gouging if elected.
The Biden administration deserves credit for breaking with his predecessors’ hands-off approach to taking on corporate monopolies. Both Khan at the FTC and Jonathan Kanter, the assistant attorney general for the Antitrust Division at the Department of Justice (DOJ), have taken a tough line against anti-competitive behavior. Khan and Kanter’s efforts to block illegal mergers have been met with rage from corporate America’s worst offenders. This has resulted in frivolous demands for their recusals from key antitrust cases, as well as broader efforts to kneecap antitrust regulation itself. With a “changing of the guard” on the Democratic ticket, these same actors have taken to demanding Harris abandon Biden-era antitrust efforts, complete with a change in personnel.
Harris should reject these demands, and instead look to Khan and Kanter’s successes as a road map for enacting change in Washington. Time and time again, Khan and Kanter have delivered victories for consumers in the face of a hostile press and a right-wing judicial landscape. In August, the DOJ emerged victorious in its historic U.S. v. Google antitrust lawsuit, one that Kanter fittingly says belongs on the “Mount Rushmore of antitrust cases.” In the years following House Democrats’ 2020 report on monopoly power in the tech sector, Biden administration enforcers have filed antitrust suits against Amazon and Apple, along with a separate Google suit set to go to trial this month.
If successful, these lawsuits stand to rein in some of the tech sector’s worst abuses. But make no mistake: The FTC and DOJ’s antitrust efforts target far more than just the abuses of the “Big Tech” giants. This year, the DOJ launched a blockbuster antitrust suit against Ticketmaster, which was largely given a pass for its abuses in previous administrations. The DOJ Antitrust Division has stood with tenants by filing an antitrust lawsuit against RealPage over the company’s role in enabling rental price gouging. The FTC under Khan has taken aim at price gouging in, among others, the energy industry and grocery sector, which compliments Harris’ stated plan to crack down on price gouging if elected.
Antitrust enforcement is both crucial to building a fairer economy and broadly popular with the general public. For this reason, Harris should firmly reject the smear campaign against Khan’s FTC and commit to reappointing her as chair of the commission. Doing so would send a strong signal that under a Harris administration, corporate lawbreakers would face the full force of the law.
Instead of turning back the clock on antitrust, a Harris administration should build upon the progress of the last three years by launching other needed antitrust initiatives. This could include, among others, taking on YouTube-related competition issues, which advocates have sounded the alarm on. More broadly, the DOJ and FTC under a Harris administration should continue to probe would-be monopolists in the artificial intelligence (AI) sector. Given the scope of monopolistic behavior in today’s economy, regulators under a Harris Administration must take a vigilant approach to anti-competitive practices across sectors.Keep ReadingShow Less
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