Lina Khan recently concluded her term as one of the Biden administration’s most controversial leaders. Her tenure as chair of the Federal Trade Commission raised the profile of the relatively obscure antitrust agency charged with protecting competition. Her anti-monopoly outlook and more aggressive enforcement strategies, particularly toward Big Tech market power and protecting workers, earned the ire of the business community and the dedicated vitriol of the Wall Street Journal editorial board.
Khan began her term as the youngest-ever appointee of the FTC. She initially rose to prominence for her 2017 Yale Law Journal article, “Amazon’s Antitrust Paradox,” which went viral among the antitrust community for its argument that scholars and regulators must look beyond prices to understand what constitutes a harm from a lack of competition, especially in today’s digital economy where many services are nominally provided for free to consumers. Fresh out of law school, Khan appeared on a Capitalisn’t episode in our first season and wrote for our sister publication at the Stigler Center, ProMarket, as far back as 2018. She also delivered two keynote addresses at the Stigler Center’s annual Antitrust and Competition Conferences while FTC chair.
On this episode, Khan returns to Capitalisn’t to reflect on her tenure, her vision of capitalism, and how her approach to enforcing existing laws with new thinking may have impacted the everyday lives of Americans. How does she respond to her critics, who include major Democratic business leaders? How does she view the new Trump administration, which is continuing many of her transformative policies, including revised merger guidelines and major lawsuits? As a senator, Vice President JD Vance said she was “one of the few people in the Biden administration actually doing a pretty good job.” Reflecting on her work, Khan also touches upon how conflicts of interest among corporate lawyers and consultants, former bureaucrats, and academics distort policymaking, court rulings, and market outcomes. Finally, she highlights the antitrust issues to pay attention to moving forward, such as algorithmic collusion.
Show Notes: Also, check out ProMarket’s series on the future of the Neo-Brandesian movement, of which Lina Khan is an emblematic figure.