The FTC’s new chair arrived with antitrust experience. Its June 15, 2021 announcement identified Lina Khan’s service as counsel to the House Judiciary Committee’s antitrust subcommittee, legal adviser to Commissioner Rohit Chopra and legal director at the Open Markets Institute. She had also been an associate professor at Columbia Law School. The notice announced her appointment, not a change in market rules. [10]

The Senate confirmed Khan as a commissioner that day, with 69 votes in favor, 28 against and three senators not voting. President Biden designated her as chair, the FTC said. The distinction prevents the size of the confirmation majority from being mistaken for legislative endorsement of a specific competitive remedy; the roll call was on a nomination. [10][27]

For a new entrant hoping to compete with an established business, our analysis is that a leader’s experience may make the appointment worth attention, but cannot prove that entry barriers have fallen. The records contain no outcome for prices, switching or access. This June 15 retrospective leaves those tests unresolved instead of treating a personnel change as a market opening already achieved. [10][27]

Source documents

  1. Lina M. Khan Sworn in as Chair of the FTC | Federal Trade Commissionhttps://www.ftc.gov/news-events/news/press-releases/2021/06/lina-m-khan-sworn-chair-ftc
  2. U.S. Senate Roll Call Vote 233, 117th Congress, 1st Session — Lina M. Khanhttps://www.senate.gov/legislative/LIS/roll_call_votes/vote1171/vote_117_1_00233.htm