An influx of tech antitrust in the Biden administration signals a new toughness in technology from Democrats.
Why does it matter: Technology companies that grew unhindered by regulations during the Obama administration will now be examined by lawyers who have made a name for themselves on the size and power of behemoths.
Lina Khan, Well-known in antitrust circles for her ideas about stopping platforms like Amazon from competing directly with sellers, she is being considered a nominee for a FTC Democratic Commissioner slot, according to two sources familiar with the matter. The news was first reported by Politico.
- Khan is a former public interest lawyer who did an internship at the FTC working for former Democratic Commissioner Rohit Chopra and served as an advisor to the Chamber’s Judicial Committee during his one-year investigation into Big Tech firms.
- Khan is a newer school of antitrust thinking, in which the size of companies, market dominance and treatment of competitors is seen as anti-competitive behavior in which regulators must engage – rather than judging monopoly power primarily to the detriment of consumers. .
Wu Team, known for inventing the term “net neutrality”, he was appointed Special Assistant to the President for Technology and Competition Policy.
- His role in the White House will include competition policy in other industries, according to a New York Times report.
- Wu is a professor at Columbia University and author of “The Curse of the Bigness” about the dangers of Big Tech’s growing power.
- Previously, he worked for the New York Attorney General and served as an advisor to the FTC and the White House National Economic Council during the Obama administration.
Note: The Senate Judiciary Committee is holding a confirmation hearing on Tuesday for civil rights lawyer Vanita Gupta, nominated for associate attorney general on Tuesday.
- If confirmed, Gupta, who was it critical of Facebook, would oversee the antitrust and civil rights divisions in the Department of Justice. However, Biden has not yet nominated a leader for the antitrust division.
What I say: “The president has made it clear – in the campaign and probably more recently – that he supports the abuse of power, and that includes the abuse of power by big technology companies and their executives, “White House Press Secretary Jen Psaki said. last week.
Reality analysis: The roles that Khan and Wu will play in the administration are not the final decision makers, so although they will have an influence in shaping the debate, they will not have the last word on the results.
What to look for: Biden’s election to lead the Justice Department’s antitrust division and the FTC’s permanent chairman, who launched cases against Google and Facebook last year, will provide more clarity on the administration’s position on antitrust enforcement.