On the recordSeptember 29, 2022
I include in the Record an article titled, ``Lina Khan's Unfair and Deceptive Approach to Antitrust.'' [From U.S. Chamber of Commerce, Sept. 20, 2022] Lina Khan's Unfair and Deceptive Approach to Antitrust (By Sean Heather) In a recent speech at Fordham University, Federal Trade Commissioner (FTC) Chair Lina Khan outlined an aggressive new approach to the agency's competition policy. Under her leadership, she explained, the FTC will interpret ``unfair methods of competition'' broadly, block mergers that could reflect an ``incipient'' trend toward monopoly, reject efficiency defenses, and contend that ``conglomerates'' harm consumers, irrespective of economic evidence. In Khan's view, her agenda is ``fundamentally conservative'' because it shows ``respect for the rule of law'' as reflected in congressional intent. Khan's speech hearkens back to George Orwell's Ministry of Truth, where words apparently lose all meaning. Khan's agenda rejects the rule of law in favor of a progressive policy agenda that grants the government total discretion to challenge any merger for any reason whatsoever, ignoring basic economics, history, and decades of precedent from the Supreme Court. Most troubling is the fact that Khan's agenda would allow the agency to challenge any private conduct that conflicts with progressive notions of fairness.…





