Washington — Almost a year in her job as Commissioner of the Federal Trade Commission, Lina Khan didn’t make the splash that many expected.
She was appointed by President Biden to shake an institution that had long quivered with the power of tech giants, but her records lacked signatory action against the industry. Most notably, Khan, who argued that there was an antitrust debate against Amazon, has not filed such an antitrust proceeding against the e-commerce giant.
Republican lawmakers and the US Chamber of Commerce have also fought her everywhere, describing her as anti-business and intimidating. According to a recent survey, FTC’s staff morale plummeted and senior officials resigned.
However, recently, a third Democratic Party member was confirmed by five institutions, with Khan (33 years old) accounting for the majority. In her 20-minute interview with Zoom this week, she said she was preparing to unleash an aggressive agenda, and she said, “The best hasn’t come yet.”
This interview has been lightly edited and summarized.
Now that you have a majority, what are the top two or three priorities outside the gate?
There is already a key signature action in progress, and I think it will bear more fruit next year.
Begin reviewing merger guidelines with the Justice Department (internal rules that FTC follows in merger reviews) and update these guidelines to fully comply with existing legislation and accurately reflect the reality of existing markets. I’m expecting that. How companies are working on mergers to build market power and gain illegally.
We are considering establishing rules regarding commercial surveillance practices and unfair competition methods. We will continue to proactively enforce the law, prohibit illegal mergers, and prohibit illegal business practices.
Are you focusing on the transformation of government agencies rather than promoting major enforcement measures?
We do not consider any of these to be mutually exclusive. We have already filed a major proceeding. Nvidia-Arm appealed to block transactions.We sued Lockheed’s acquisition of Aerojet blockedFor the first time in decades, the government has sought to prevent a merger in the new defense industry. We will continue to develop further.
You can expect to see a big proceeding. We are definitely concentrating our resources on litigation. With limited resources, we need to focus on what we see as some of the biggest problems. I have made it clear that focusing on the dominant actors in the market will be the focus.
How important is it to you to file a proceeding against Amazon in line with these policies?
You can’t comment on a particular company or a particular enforcement measure, but as long as you focus on the dominant actors in the market, some of these existing digital companies have actually expanded and become more prevalent during the pandemic. However, it is a well-known fact that it has become more powerful. ..
If you have a company that controls a major artery of commerce, you’ve seen many times that control can be used illegally. It partially fueled the passage of antitrust laws, and Congress has ruled railroads and their control over major commercial arteries so that these few companies really shape the trajectory of innovation in our economy. Admitted that it is possible to choose the winner and loser of.
These are the same types of principles we are considering, which inspire our work today.
Instead of blocking or approving the transaction, if the company closes the transaction, it sends a letter to the company at the risk of the agency returning later to block the transaction. Should I expect to reconsider the deal that was closed?
Within 30 days of submission to us by the parties, we will decide whether to conduct a detailed investigation. If you have a very large and complex transaction, 30 days is a very short time. As a result, staff may not be able to make clear decisions by the end of the 30th, especially if there is a surge in merger applications as we did last year.
Therefore, in such cases, we have informed the parties that it is necessary and that investigations are underway and that the expiration date should not be taken as a sign that the FTC has approved the transaction.
We retain the authority and ability to challenge post-completion. Our negligence does not indicate that we have approved the transaction.
Can Your Work Really Suppress Techniques? Does it often outweigh rulemaking and policy making?Much of the work we have done has really expanded the range of ways we can understand, recognize and diagnose harm. We are really positive, anticipating problems and trying to act swiftly. Ten years later, I realized that there was a big problem and a big moment that we missed.
I think this has returned to paying attention to these next-generation technologies and next-generation innovations in early cross-sectoral industries. They can really help us tackle the problem first.
What do you think of a recent survey of agency employees showing low morale?
That’s what I take incredibly seriously. As a general matter, we know that this is an incredible moment of change for an agency, and that moment of change can be difficult.