FTC Chairwoman Lina Khan has suffered a few high-profile defeats in court in recent months but is undaunted in her aim to bring a much more aggressive approach to antitrust enforcement to bear on big business and Big Tech.
Khan, appointed to head the FTC in 2021, has led the charge to block mergers and acquisitions based on the logic of the"hipster antitrust" movement, which abandons the consumer welfare standard that guided U.S. antitrust policy for decades in favor of a much more skeptical approach that also considers other factors, such as corporate concentration and income inequality.In implementing the agenda, though, Khan has run into stumbling blocks.
Slaiman argued the FTC has to bring new cases before courts to convince them to change interpretations of antitrust laws such as the Sherman Act, the 1890 law that originally outlawed monopolistic business practices, and to show how the changing aspects of the economy require a more aggressive approach. The process could take several years before a court rules in favor of Khan's approach, Slaiman said.
“The FTC, under the leadership of Chair Khan, continues to be committed to its mission of protecting consumers from unlawful business practices and monopoly power that can lead to higher prices, lower wages, and less innovation," an FTC spokesperson told the Washington Examiner.
Khan's vision for antitrust has created tension among the agency's employees. The agency plunged in workplace rankings since Khan took over and has seen lawyers leave at the fastest rate in the FTC's history.
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