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lina khan
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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Trump FTC Pick Casts Lone No Vote on Rule Banning Deceptive Junk Fees
Andrew Ferguson has opposed several major initiatives championed by Lina Khan, including FTC rules banning anti-worker noncompete agreements and making it easier for consumers to cancel subscriptions.
Dec 18, 2024
President-elect Donald Trump's pick to lead the Federal Trade Commission cast the lone no vote Tuesday against a newly finalized rule banning deceptive junk fees in live-event ticketing and short-term lodging.
The rule, according to an FTC release, "targets specific and widespread unfair and deceptive pricing practices in the sale of live-event tickets and short-term lodging, while preserving flexibility for businesses."
"It does not prohibit any type or amount of fee, nor does it prohibit any specific pricing strategies," the agency said. "Rather, it simply requires that businesses that advertise their pricing tell consumers the whole truth up-front about prices and fees."
FTC Commissioner Andrew Ferguson, Trump's choice to head the bipartisan agency, was the only member to vote against the junk fees rule. In his dissenting statement, Ferguson wrote that his opposition had "nothing to do with the merits" of the finalized rule but was rather a vote against any additional rulemaking by the Biden administration.
"It is particularly inappropriate for the Biden-Harris FTC to adopt a major new rule that it will never enforce, as the final rule will not take effect until many months after President Trump takes his oath of office," Ferguson wrote.
Ferguson has been a consistent opponent of causes championed by FTC Chair Lina Khan, including the agency's rules banning anti-worker noncompete agreements and making it easier for consumers to cancel subscriptions.
Nidhi Hegde, interim executive director of the American Economic Liberties Project, said in response to the newly finalized rule that "banning junk fees is broadly popular across the country because Americans are tired of being tricked by hidden costs that inflate prices and distort competition."
"Finalizing this rule with bipartisan support demonstrates Chair Khan and the commission's commitment to delivering real results for consumers, saving Americans both time and money," said Hegde. "We're pleased to see the FTC work to get this done, and encourage federal and state policymakers to build on this effort to put an end to junk fees once and for all."
With his dissent on Tuesday, Ferguson offered a glimpse of "how he plans to lead the FTC—and how the Trump administration plans to run the independent agencies put in the crosshairs by the Project 2025 plan," political reporter Matt Sledge wrote for The Intercept on Wednesday.
"While calling on the FTC to stop issuing rules until Trump takes office might win favor with the incoming president, it is sharply at odds with positions on the agency's independence that Republicans were putting out just weeks ago," Sledge noted. "As recently as October, the House Oversight Committee released a report dinging Khan for a supposed lack of independence from the Biden administration."
"Since Trump's election, however, Republicans have shown newfound enthusiasm for the idea of bringing independent agencies under executive control," he added. "That vision was laid out in Project 2025."
Since he's already a commissioner at the agency, Ferguson will not require Senate confirmation to become FTC chair once Trump takes office next month.
In his job pitch to Trump's team, Ferguson pledged to use his tenure as FTC chair to "reverse Lina Khan's anti-business agenda" and halt her "war on mergers."
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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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