Remarks
Lina Khan Can Enforce Antitrust Law. Only Congress Can Write It
An armada of bills in the House may give the new FTC chair the tools to crack down on Big Tech.
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Lina Khan knows what she can do and what she can’t do in her new job as chair of the Federal Trade Commission, which along with the antitrust division of the Justice Department is responsible for ensuring fair competition in business. What she can do is enforce antitrust laws. What she can’t do is go beyond the laws as they are written.
When I interviewed her and her Columbia Law School colleague Timothy Wu for a Bloomberg Businessweek article in October, Khan emailed me to say that “if the laws are misinterpreted by courts, Congress is the only actor that can fix their mistakes.” Not the FTC or Justice.