August 1, 2021

Volume XI, Number 213

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July 30, 2021

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July 29, 2021

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Lina Khan Takes Charge of the Federal Trade Commission

On June 15, 2021, in a 69–28 vote, the Senate confirmed Lina Khan to fill the current vacancy at the Commissioner level of the Federal Trade Commission (“FTC”). Immediately upon her confirmation, President Biden tapped Ms. Khan for FTC Chair. Since Ms. Khan has no prior experience at the FTC and is only 32, her appointment to lead the FTC took many by surprise. Although Acting Chair Rebecca Slaughter had been thought to be a likely candidate for the position since the departure of former Chair Joseph Simons, the administration took a different path.

The appointment of Ms. Khan as Chair of the FTC may alarm both big tech and large health care providers. Prior to joining the FTC, Chairperson Khan seemed to eschew the underlying principles that have guided antitrust enforcement since the 1970s, stating that the consumer welfare standard is “unequipped to capture the architecture of market power in the modern economy.”

With Chairperson Khan at the helm, antitrust enforcement may soon expand beyond traditional enforcement paths; although at this point it is unclear how that enforcement will be reconciled with the guiding principles of established case law.

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 175
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About this Author

John Steren, Epstein Becker Law Firm, Health Care Litigation Attorney
Member

E. John Steren is a Member of the Firm in the Health Care & Life Sciences and Litigation & Business Disputes practices, in the Washington, DC, office of Epstein Becker Green. Mr. Steren devotes a significant portion of his practice to helping health care organizations manage the antitrust risks of joint ventures and other business arrangements. He also focuses his practice on other complex commercial and civil litigation matters.

202-861-1825
Patricia M. Wagner, Epstein becker green, health care, life sciences
Member

PATRICIA M. WAGNER is a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the firm's Washington, DC, office. In 2014, Ms. Wagner was selected to the Washington DC Super Lawyers list in the area of Health Care.

Ms. Wagner's experience includes the following:

Advising clients on a variety of matters related to federal and state antitrust issues 

Representing clients in antitrust matters in front of the Federal Trade Commission and the United States Department of...

202-861-4182
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