November 17, 2021

Big Tech may seek recusal of new FTC chair Khan over objectivity questions

Lina Khan, the new chair of the Federal Trade Commission, is known as a prominent critic of Big Tech, a reputation that could actually hinder the ability to rein in tech firms’ power, industry experts say.

Khan is an antitrust scholar who authored many publications, including “Amazon’s Antitrust Paradox” in the Yale Law Journal. Khan also served as counsel on a House antitrust report that recommended structural separations of certain businesses last year. While Khan’s appointment as FTC chair was celebrated by antitrust advocates, others warn that Khan’s history could be used by Big Tech firms like Inc., Google LLC, Facebook Inc. and Apple Inc. to question independence and force a recusal.

“Regardless of any decision she makes, it will be seen with an air of prejudice,” said Carl Szabo, vice president and general counsel at NetChoice, a trade association whose members…

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