#linakhan

dredmorbius@joindiaspora.com

The FTC’s antitrust complaint against Facebook has been dismissed — for now

The antitrust push targeting Facebook hit a significant roadblock on Monday when a federal court dismissed antitrust lawsuits that the Federal Trade Commission (FTC) and 48 states had filed against the tech giant.

The dismissal is a major win for Facebook, which — along with Amazon, Apple, and Google — has been facing increasing scrutiny about whether it’s engaging in monopolistic behavior to stifle its competition. It’s also a major setback for the growing bipartisan political movement in the US to rein in Big Tech’s power. And it signals that the path forward for antitrust enforcement against these companies may require lawmakers to revisit existing US antitrust law, which had its last major overhaul in the early 1900’s — well before the internet age.

Matt Stoller has analysis here: https://mattstoller.substack.com/p/facebook-hits-1-trillion-in-market

Interpretation is complicated. My read is that the judge may be doing the DoJ a favour, effectively saying "you've got a good foundation but you're making a poor case, here's a one-month extension to improve your argument". Though there's also the matter that the judge appears to be applying more a Borkian than a Khanian interpretation of antitrust and monopoly, with Bork's focus on "consumer welfare" being the standard.

This is the first big move under Lina Khan's tenure as FTC chairwoman, though this case isn't directly an FTC action (it's a DoJ case, though DoJ and FTC would presumably work together in such matters).

https://www.vox.com/recode/2021/6/28/22554634/ftc-states-antitrust-cases-against-facebook-federal-court-dismissed-for-now

#facebook #antitrust #monopoly #ftc #lawsuits #LinaKhan #doj #ftc #courts #MattStoller

dredmorbius@joindiaspora.com

Big Tech critic Lina Khan named chair of the FTC

Lina Khan, a prominent critic of Big Tech, has been named chairwoman of the Federal Trade Commission (FTC), a White House spokesperson confirmed Tuesday.

The update comes just hours after the Senate voted to confirm the 32-year-old to the agency in a 69-28 vote.

The designation as chairwoman will give Khan greater authority at the FTC at a time when the agency is pursuing an antitrust case against Facebook and as lawmakers look to revamp laws to give the agency greater authority to rein in the market power of tech giants. ...

https://thehill.com/policy/technology/558584-lina-khan-named-chair-of-the-ftc

Khan made a splash several years ago with her law article "Amazon's Antitrust Paradox" (2017). Her view on monopoly and antitrust marks a sharp departure from the strict "consumer welfare" standard of "Saturday Night Massacre" Robert Bork, the Nixon Administration Solicitor General famous for firing Watergate Special Prosecutor Archibald Cox after both the Attorney General and Assistant Attorney General resigned rather than do so. Bork's doctrine itself grew from a long and deliberate campaign for change born at the University of Chicago under Aaron Director.

#LinaKhan #FTC #BigTech #Monopoly #AntiTrust

dredmorbius@joindiaspora.com

Big Tech Showdown Looms As Biden Taps Top Critics Lina Khan, Tim Wu

...President Biden on Monday nominated Khan to the Federal Trade Commission, an agency tasked with enforcing competition laws. She is the splashiest addition to Biden's growing roster of Big Tech critics, including fellow Columbia Law School professor Tim Wu, who announced earlier this month he would join the National Economic Council.

The news suggests the White House is preparing for a showdown with the tech industry at a time when federal and state regulators are already pursuing investigations and lawsuits challenging the dominance of Amazon, Apple, Facebook and Google. Biden has also called for the repeal of Section 230 of the Communications Decency Act, a legal shield for Internet platforms that has come under fire from both Democrats and Republicans. ...

https://www.npr.org/2021/03/22/975220122/big-tech-showdown-looms-as-biden-taps-top-critics-lina-khan-tim-wu

#LinaKhan #TimWu #FTC #antitrust #monopoly #uspol #regulation #WelcomeChange