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Haisten Willis, White House Reporter


NextImg:Big Tech worries remain bipartisan, but views on FTC's Lina Khan aren't

Federal Trade Commission Chairwoman Lina Khan got a harsh reception Thursday from the House Judiciary Committee, with Republicans questioning her legal moves, aggressive tactics, and whether she properly follows ethics standards.

Democrats on the committee rushed to Khan's defense during the three-hour hearing, but the exchange shows that while Big Tech worries remain bipartisan, views on Khan are split along party lines.

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"It’s a particular honor to appear before this committee, where I had the great privilege of serving during its historic bipartisan investigation into digital markets and the power of large technology platforms," Khan said in her opening statement. "There has long been a battle in this country between monopoly power and America’s democratic institutions.”

But much of the battle on Thursday was between Republicans and Khan herself.

Khan, 34, became the youngest person ever to lead the FTC when President Joe Biden named her chairwoman in June 2021. She first shot to stardom in the "hipster antitrust" movement while still a Yale law student with a 2017 paper titled "Amazon's Antitrust Paradox," and later served as counsel for a judiciary subcommittee.

Her approach as chairwoman has attracted controversy, both from the GOP and from the business community. In an early exchange, Rep. Harriet Hageman (R-WY) asked about Khan rejecting an ethics recommendation that she recuse herself from a case involving Facebook parent company Meta.

Rep. Kevin Kiley (R-CA) later brought up Khan's 0-4 record in merger trials, asking "Why are you losing so much?" and questioning if she was losing on purpose to drum up interest in new antitrust laws. Rep. Darrell Issa (R-CA) called Khan a bully who has lurched her agency to the Left.

Democrats jumped to defend Khan.

"Will the Republican staff all commit to recusing themselves from any matters related to their work on the committee?” Ranking Member Jerry Nadler (D-NY) asked. “Because that is the standard they are holding Chair Khan to.”

Reps. Hank Johnson (D-GA) and Pramila Jayapal (D-WA) both praised Khan for protecting consumers and keeping big business in check. Many Democrats chose to skip the hearing altogether, with 15 empty seats compared to nine on the GOP side.

As expected, Chairman Jim Jordan (R-OH) delivered some of the biggest fireworks.

"Why are you harassing Twitter?" he asked, referencing 12 demand letters he said the FTC sent the company in 10 weeks. "That seems like more than harassment, that almost seems like an obsession."

Khan responded that her concern is about protecting the privacy and security of Twitter users.

But there remained bipartisan consensus on several points, including the issue of the right to repair, the need for greater privacy protections, and ways to eliminate robocalls and junk fees.

Freedom Caucus member Rep. Matt Gaetz (R-FL) had a relatively friendly exchange with Khan over the privacy of Ring cameras, as did Rep. Ken Buck (R-CO), who lamented the enormous lobbying influence of Big Tech.

Khan was appointed by Biden as an FTC commissioner and approved on a bipartisan 69-28 Senate vote. But Biden then named her FTC chairwoman on the same day, and the subsequent House flip to the GOP meant Khan was going to face major resistance.

"The support for a really ambitious, aggressive antitrust program was perhaps always a little bit of an illusion," George Washington University law professor William Kovacic said. "People often cheer for you until you actually start doing things."

The FTC's frequent merger lawsuits have also upset the business community.

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"I don't think the chairwoman or most of the Democrats understand the depth of the harm that she is causing by creating uncertainty around virtually every merger and acquisition in the country," Gary Shapiro, CEO of the Consumer Technology Association, said. "She has abandoned a bipartisan approach to antitrust enforcement."

While committee members cannot remove Khan, they are threatening her budget as she seeks a $160 million funding increase next year.