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Lina Khan’s FTC Legacy Is A Lesson In Successful Progressive Leadership
Khan’s FTC has scored historic victories for consumers and workers—even as she’s faced powerful industry opposition and obstruction from right-wing judges.
Jan 09, 2025
In June 2021, just months into the Biden era, Zephyr Teachout argued that Lina Khan’s appointment to the Federal Trade Commission “may be the best thing Joe Biden has done” in office. With a firm reputation as a leader in the anti-monopoly movement, her nomination to the FTC was a clear victory for progressives in an administration otherwise primarily staffed by moderates.
Three years on, it’s clear that this optimistic outlook about a Khan-run FTC has been vindicated. In her position, Khan’s FTC has scored historic victories for consumers and workers—even as she’s faced powerful industry opposition and obstruction from right-wing judges.
Understanding the significance of Khan’s tenure means understanding how antitrust enforcement has been sabotaged in recent decades by right-wing ideologues. The federal government adopted antitrust laws beginning in 1890, which would become a crucial tool for reining in corporate abuses for decades to come. But beginning in the 1970s, federal courts would embrace a right-wing reimagining of antitrust law under the guise of promoting “consumer welfare.” Unsurprisingly, this hands-off approach helped create an economy defined by extreme corporate concentration, leading to fewer and worse choices for American consumers.
While the leadership of both agencies are set to change under President-elect Donald Trump, the new merger guidelines mean that Khan’s pro-competition vision will help shape FTC decision-making well past her tenure.
While still in law school, Khan rose to prominence in 2017 for her critique of laissez-faire antitrust enforcement. Given her reputation, observers were quick to speculate on how she’d be able to put her principles to action at the FTC. For one, the commission in recent decades has built a track record of being deferential to the very monopolies it’s tasked to regulate. Additionally, the commission has long suffered from inadequate funding, which has hindered its capacity to police monopolies. But despite these institutional constraints, Khan’s FTC has secured major wins for American consumers, all while facing down hostile corporate actors and their allies in the judiciary.
Monopolistic behavior in the food industry over the past few decades has robbed consumers of choice while increasing grocery costs. Two years ago, grocery giants Kroger and Albertsons announced a massive merger deal that quickly raised alarms among consumer advocates. While such a merger may have gone through unscathed a decade or so prior, the Khan-led FTC filed suit to block the deal. Last month, the FTC won one of its biggest victories in recent years by blocking the merger in court. This victory, along with the FTC’s successful effort to block Tapestry’s acquisition of Capri, shows that Khan’s view of antitrust is increasingly finding support in court.
Sharing jurisdiction on antitrust matters with the Department of Justice (DOJ) Antitrust Division, the two agencies successfully modernized merger guidelines to help identify illegal mergers in their tracks. Observers have credited both the FTC and DOJ Antitrust Division’s aggressive enforcement efforts with a recent decline in merger efforts. And while the leadership of both agencies are set to change under President-elect Donald Trump, the new merger guidelines mean that Khan’s pro-competition vision will help shape FTC decision-making well past her tenure.
These developments, of course, only scrape the surface of the FTC’s accomplishments under Khan. The commission notably blocked an effort by Nvidia to acquire Arm, which was set to be the biggest merger deal in semiconductor industry history. The ultimate failure of Amazon to acquire iRobot, which caused concern among various international antitrust regulators, has been at least partially credited to the FTC’s scrutiny. Among the most meaningful impact of renewed FTC antitrust scrutiny may be felt on private equity firms, a welcome development given said firms’ harms to competition and American society at large.
The Khan-led FTC’s ability to build bipartisan support for efforts such as recent rulemaking on junk fees, as well as on merger guidelines, should be seen as a model for Democratic governance. Moreover, the Khan-led FTC should be applauded for using long-neglected tools at the commission’s disposal, such as its ability to police price discrimination as interlocking directorates.
With Khan set to be succeeded by Andrew Ferguson, Trump’s pick to lead the FTC, it's likely that the FTC will soon shift its approach on antitrust and consumer protection. Nevertheless, it’s clear that Khan will leave behind a legacy that will influence antitrust enforcement for decades to come. And in doing so, Khan will also leave behind a track record that shows what successful progressive governance looks like.
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10 Wins Against Inequality to Celebrate in 2024
Champions in the fight against inequality face formidable challenges in 2025. But by working together at all levels—from the shop floor to state houses to the halls of Congress—we can still find ways to build power.
Dec 31, 2024
In dark times like these, shining a light on successful efforts to reverse our country’s extreme inequality is more important than ever. As we looked back on 2024, we actually found plenty to celebrate. Here are 10 inspiring wins that deserve more attention.
1. Labor Breakthrough in the South
Volkswagen workers in Chattanooga, Tennessee voted overwhelmingly in April to join the United Auto Workers (UAW), a landmark win for labor organizing in the South. The region has suffered deeply because of its low-road, anti-union economic model. Seven out of ten states with the highest levels of poverty are in the South, according to the Economic Policy Institute.
Whatever happens on the national political stage over the next four years, local communities can still win important fights for a more just society.
Another UAW election, at a Mercedes-Benz facility in Vance, Alabama, where management was more aggressively anti-union, went the other way in May. But the union has vowed to continue organizing in the region. “This is a David and Goliath fight,” UAW President Shawn Fain said after the Mercedes loss. “Sometimes Goliath wins a battle. But David wins the war.”
2. Union Momentum at Amazon
Organizing workers at Amazon—now the nation’s second largest private employer—has been a white whale of the labor movement for years. Aside from a breakthrough union election win in Staten Island, puncturing the e-commerce giant’s anti-labor strategy has been challenging. That is, until this year, when the Teamsters made sizable gains.
The National Labor Relations Board ruled this summer that Amazon should be considered a joint employer of the delivery drivers it subcontracts, opening up that class of workers to organize. And organize they did—according to the Teamsters, over 5,000 drivers have joined the union at nine Amazon locations. Warehouse workers have made advances as well. In California, Amazon employees in San Francisco and at the company’s air hub in San Bernardino are now demanding union recognition.
3. Grocery Mega-Merger Blocked
For the past two years, the United Food and Commercial Workers union has led a coalition of more than 100 organizations against the proposed merger of grocery giants Kroger and Albertsons. The union predicted the mega-merger would result in “lost jobs, closed stores, food deserts, and higher prices.”
By contrast, corporate executives stood to make a killing. At Albertsons alone, the proposed merger agreement would’ve delivered as much as $146 million to the firm’s top 10 officials.
On December 10, one federal court judge and another in Washington state sided with the Federal Trade Commission and issued temporary injunctions against the deal. The following day, Albertsons threw in the towel on what would’ve been the biggest grocery store merger in U.S. history. “This is the first time the FTC has ever sought to block a merger not just because it’s gonna be bad for consumers, but also for workers,” FTC chair Lina Khan said shortly after the decision.
4. Ballot Wins on Taxes, Wages, Paid Leave
Despite the red wave on November 5, voters in several states passed ballot initiatives to adopt inequality-fighting policies that most Republican politicians oppose.
In the red states of Nebraska, Missouri, and Alaska, voters approved guaranteed paid leave, while Missouri and Alaska also passed state minimum wage hikes.
Washington state voters rejected a hedge fund-financed ballot proposal to repeal the state’s path-breaking capital gains tax on the rich. They also beat back an effort to gut a state-operated long-term care insurance program. In Illinois, voters adopted a nonbinding measure expressing support for an extra 3% tax on income of over $1 million.
5. TurboTax Got Turbo-Trounced
In 2024, for the first time ever, over 100,000 Americans filed their tax returns digitally directly to the IRS. The agency’s Direct File system went live in 12 pilot states, breaking the dominance that for-profit tax preparation companies have enjoyed for years.
“This is an important fight to ensure greedy tax prep companies don’t continue to rake in money from filers who are simply doing their civic duty,” wrote Public Citizen’s Susan Harley for Inequality.org.
Direct file also advances racial justice. Color of Change and the Groundwork Collaborative exposed how Intuit’s TurboTax and H&R Block target Black and low-income communities for costly and unnecessary services.
Unfortunately, this fight is not over. House Republicans are urging President-elect Donald Trump to kill the IRS’s free direct file service on day one of his second administration.
6. Biden’s Worker Protection Spree
President Joe Biden adopted a range of pathbreaking executive actions to protect U.S. workers—including safeguards against toiling in extreme heat, broader overtime pay coverage, and new measures protecting organizing rights. He also authorized rules to crack down on bosses who misclassify employees as independent contractors or force them to sign noncompete agreements.
The beauty of executive actions: no need for Congressional approval. The downside: The next president has the power to roll them back.
Will that happen under Trump, a self-declared but dubious champion of the working class? We shall see. In the meantime, the National Employment Law Project and several other organizations have put together a guide on how state policymakers could enact similar standards at the subfederal level.
7. Grounding Private Jets
Did you know that private jets pollute 10 to 20 times more per passenger than commercial airplanes? And the typical private jet owner, with a net worth of nearly $200 million, actually pays a far smaller share of air safety fees than commercial coach passengers, according to Institute for Policy Studies research.
In 2024, Stop Private Jet Expansion, a 100-organization coalition, won two major victories in their campaign to block the expansion of New England’s largest private jet airport, Hanscom Field outside Boston. Massachusetts state rejected the developer’s environmental impact submission, demanding supplemental information. As part of a comprehensive climate bill, the state legislature also updated the charter of Massport, the agency that will decide the future of the airport, to require them to consider carbon emissions and climate change in their decision-making.
8. Arming Millions of Davids Against Wall Street Goliaths
Elon Musk has called for “deleting” the Consumer Financial Protection Bureau. What’s his problem with this federal agency? For Musk and his finance bro buddies, it appears the CFPB has been overly effective in helping ordinary Americans stand up to big money interests.
Recently the agency announced it’s forcing shady “credit repair” companies to return $1.8 billion in illegal junk fees to 4.3 million Americans. The agency also just issued new limits on overdraft fees that will save consumers billions more. During its nearly 14-year history, the CFPB has won nearly $21 billion in compensation for victims of fraud, racial discrimination in lending, and other financial abuse.
“Weakening the CFPB, slowing its work, or steering it to favor industry over the public interest,” explains the advocacy group Americans for Financial Reform, “would give bad actors a green light to do their worst and further deepen this country’s racial wealth gap.”
9. Public Money for the Public Good
For four decades, procurement rules made it difficult for local and state policymakers to ensure that federally funded projects create good jobs. With megabillions in new public investment about to flow into infrastructure and clean energy projects, a labor-community alliance known as the Local Opportunities Coalition led the charge to get rid of these anti-worker vestiges of the conservative Reagan era.
Finally, in 2024, the Biden administration got the job done. Now state and local governments can give companies a leg up in bidding competitions if they commit to creating specific numbers of jobs with minimum levels of pay and benefits. They can also require hiring preferences for local workers and disadvantaged communities, ban the use of contract funds for union-busting, and prohibit employers from misclassifying workers as “independent contractors” to skirt labor laws.
10. Communities Standing up for Quality Care
Whatever happens on the national political stage over the next four years, local communities can still win important fights for a more just society.
One particularly inspiring example from 2024: the battles to protect county-owned nursing homes in rural Wisconsin against privatization. Study after study has shown that private equity-owned facilities have lower-quality care and higher mortality rates. And yet many Republican lawmakers are backing for-profit corporations’ efforts to take over this critical service.
As veteran community organizer George Goehl has reported, Wisconsin seniors put up a strong fight this year. They succeeded in ousting pro-privatization members of at least three county boards and are continuing to organize to protect their healthcare from corporate greed.
Champions in the fight against inequality face formidable challenges. But by working together at all levels—from the shop floor to state houses to the halls of Congress—we can still find ways to build power and move our country towards a just economy that works for everyone.
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Booze Hound! Lina Khan, Not Done Yet, Targets Nation's Largest Alcohol Seller
"The FTC is doing what our government should be doing: using every tool possible to make life better for everyday Americans," said one advocate.
Dec 12, 2024
The U.S. Federal Trade Commission on Thursday sued Southern Glazer's Wine and Spirits, alleging that the nation's largest alcohol distributor, "violated the Robinson-Patman Act, harming small, independent businesses by depriving them of access to discounts and rebates, and impeding their ability to compete against large national and regional chains."
The FTC said its complaint details how the Florida-based company "is engaged in anticompetitive and unlawful price discrimination" by "selling wine and spirits to small, independent 'mom-and-pop' businesses at prices that are drastically higher" than what it charges large chain retailers, "with dramatic price differences that provide insurmountable advantages that far exceed any real cost efficiencies for the same bottles of wine and spirits."
The suit comes as FTC Chair Lina Khan's battle against "corporate greed" is nearing its end, with U.S. President-elect Donald Trump announcing Tuesday that he plans to elevate Andrew Ferguson to lead the agency.
Emily Peterson-Cassin, director of corporate power at Demand Progress Education Fund, said Thursday that "instead of heeding bad-faith calls to disarm before the end of the year, the FTC is taking bold, needed action to fight back against monopoly power that's raising prices."
"By suing Southern Glazer under the Robinson-Patman Act, a law that has gone unenforced for decades, the FTC is doing what our government should be doing: using every tool possible to make life better for everyday Americans," she added.
According to the FTC:
Under the Robinson-Patman Act, it is generally illegal for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. The FTC's case filed today seeks to ensure that businesses of all sizes compete on a level playing field with equivalent access to discounts and rebates, which means increased consumer choice and the ability to pass on lower prices to consumers shopping across independent retailers.
"When local businesses get squeezed because of unfair pricing practices that favor large chains, Americans see fewer choices and pay higher prices—and communities suffer," Khan said in a statement. "The law says that businesses of all sizes should be able to compete on a level playing field. Enforcers have ignored this mandate from Congress for decades, but the FTC's action today will help protect fair competition, lower prices, and restore the rule of law."
The FTC noted that, with roughly $26 billion in revenue from wine and spirits sales to retail customers last year, Southern is the 10th-largest privately held company in the United States. The agency said its lawsuit "seeks to obtain an injunction prohibiting further unlawful price discrimination by Southern against these small, independent businesses."
"When Southern's unlawful conduct is remedied, large corporate chains will face increased competition, which will safeguard continued choice which can create markets that lower prices for American consumers," FTC added.
Southern Glazer's published a statement calling the FTC lawsuit "misguided and legally flawed" and claiming it has not violated the Robinson-Patman Act.
"Operating in the highly competitive alcohol distribution business, we offer different levels of discounts based on the cost we incur to sell different quantities to customers and make all discount levels available to all eligible retailers, including chain stores and small businesses alike," the company said.
Peterson-Cassin noted that the new suit "follows a massive court victory for the FTC on Tuesday in which a federal judge blocked a $25 billion grocery mega-merger after the agency sued," a reference to the proposed Kroger-Albertsons deal.
"The FTC has plenty of fight left and so should all regulatory agencies," she added, alluding to the return of Trump, whose first administration saw
relentless attacks on federal regulations. "We applaud the FTC and Chair Lina Khan for not letting off the gas in the race to protect American consumers and we strongly encourage all federal regulators to do the same while there's still time left."
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