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FTC Chair Lina Khan says agency won’t back down in the face of intimidation

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Chairman Lina Khan, the Federal Trade Commission’s first sit-down on CNBC, stated Wednesday that she will not be intimidated by those with better resources.

Khan stated that it requires courage to confront companies of immense power. This is especially true in light of FTC’s resource constraints, which force the FTC to reduce its priority list further than its leaders might like.

Khan stated that they were not only showing these companies, but the entire country that enforcement officers aren’t going to stop trying to intimidate them. He spoke with CNBC’s Andrew Ross Sorkin (CNBC) and Kara Swisher (host, The New York Times “Sway” podcast. These are the lessons we need to learn from the past decade, I believe.

Khan himself has been the subject of pushback AmazonAnd FacebookParticularly, the petitioner for her recusalAntitrust cases involving their companies. Khan’s statements in the past and her work with the Open Markets Institute, the House Judiciary Subcommittee of antitrust investigating technology firms indicated that she prejudged their liability. Khan’s 2017 Yale Law Journal article “Amazon’s Antitrust Paradox,” in which she advocated for an expansive reading of antitrust laws applied to digital market, earned her a reputation within academic circles.

Last week, an FTC judge ruled in favor of Facebook’s antitrust suit. affirmedKhan didn’t have to abstain from voting on the amended complaint. She was not in an adjudicatory position. Khan stated that it was “terrific” to hear the judge reply in this manner.

Khan said Khan was able to attribute some of the firms’ forceful approach with their familiarity with law enforcement standards.

She stated that while some firms may have received a lighter treatment than others in the past, she believes they are now responding to the increasing number of enforcement actions.

Khan refused to support antitrust reform bills being considered by Congress. She supported the addition of resources to the agency, and she generally supports congressional action to reduce certain obstacles that enforcers have to consider when filing cases.

Khan stated that the agency must choose its workload carefully, and this often means making compromises on what cases it can pursue. She said these limitations make the decision about which enforcement actions may have a deterrent impact important.

She stated that although it is difficult for us to decide which billion-dollar deals to examine, we have to consider the costs of doing so.

What are some examples of situations in which specific types of actions might have an impact on the market? Khan gave an example of the kind of questions the agency may consider. Khan said, giving an example of the type of question the agency might consider.

Khan stated that Khan’s agency considers cases that could be illegal practices with an “upstream source” as well.

“So there may be certain intermediaries and companies who facilitate bad practices. Going upstream can help us to redirect our resources to more efficient ways,” she stated.

Khan acknowledged that the amount of time required to resolve these issues is very short and said that she strives to accomplish this “with an intense sense of urgency.”

She stated that she believes there is an opportunity to change the past, and to learn from them. That’s exactly what they’re going try to do.

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WATCH: How US antitrust law works, and what it means for Big Tech

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