Commentary: The Federal Trade Commission Shouldn’t Be a Lawless Agency

The Federal Trade Commission has been on the march.  Over the past month, the Commission has held two “open” meetings, rescinded two major bipartisan agreements by party-line vote, and positioned itself to write regulations for the first time in decades.

In the words of a former commissioner, the current FTC is “Icarus flying without the constraints of history, economics, or law.”  He predicts that its “regulatory overreach…will end with the FTC’s wings melting in the courts.”

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Facebook Files Petition Demanding FTC Chair Lina Khan Recuse Herself From Antitrust Case

Lina Khan Facebook Headquarters

Facebook filed a petition Wednesday asking for Federal Trade Commission (FTC) Chair Lina Khan to recuse herself from the FTC’s antitrust case against the company.

The tech giant argued in the petition that Khan’s public statements, in which she suggested Facebook’s conduct constituted an antitrust offense, violated the company’s due process rights.

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Amazon Demands Recusal of Federal Trade Commission Chair from Any Antitrust Investigations

Federal Trade Commission

Tech giant Amazon recently demanded that the chairwoman of the Federal Trade Commission be recused from any antitrust investigations into the company, according to the Daily Caller.

Amazon filed the petition with the FTC on Wednesday, accusing Chairwoman Lina Khan of being biased due to the fact that she “has, on numerous occasions, argued that Amazon is guilty of antitrust violations and should be broken up.” The petition continued by declaring that “these statements convey to any reasonable observer the clear impression that she has already made up her mind about many material facts relevant to Amazon’s antitrust culpability as well as about the ultimate issue of culpability itself.”

The FTC is already conducting several antitrust investigations, including against Amazon; their most recent efforts are focusing on Amazon’s possible acquisition of the film studio Metro Goldwyn Mayer (MGM), a purchase of nearly $9 billion announced last month.

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Justice Dept. Files Landmark Antitrust Case Against Google

The Justice Department on Tuesday sued Google for antitrust violations, alleging that it abused its dominance in online search and advertising to stifle competition and harm consumers.

The lawsuit marks the government’s most significant attempt to protect competition since its groundbreaking case against Microsoft more than 20 years ago. It could be an opening salvo ahead of other major government antitrust actions, given ongoing investigations of major tech companies including Apple, Amazon and Facebook at both the Justice Department and the Federal Trade Commission.

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ANALYSIS: DOJ Investigators Involved in Antitrust Probe Don’t Appear to be Scrutinizing Claims of Bias in Google’s Search

by Peter Hasson and Chris White   Department of Justice investigators who are conducting an antitrust probe targeting Google do not appear to be scrutinizing claims that the tech giant manipulates its search function, leaks about the probe and a source familiar with it indicate. Google critics argue that Google…

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Seven Steps Next Director Can Take to Make the Consumer Financial Protection Bureau Less Awful

Kathy Kraninger

by Norbert Michel   The Trump administration has nominated Kathy Kraninger to be the next director of the Consumer Financial Protection Bureau, and Roll Call reports that her confirmation hearing was “as politically contentious as it’s gotten in the last year and a half” on the otherwise “senatorial Senate Banking Committee.” Ignore the…

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