Amazon's Antitrust Antagonist Has a Breakthrough Idea - The New York Times - 0 views
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“Ideas and assumptions that it was heretical to question are now openly being contested,” she said. “We’re finally beginning to examine how antitrust laws, which were rooted in deep suspicion of concentrated private power, now often promote it.”
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Like many a wonkish youth, Ms. Khan headed to Washington after graduating in 2010, applying for a position at the left-leaning New America Foundation. Barry Lynn, who headed the organization’s Open Markets antimonopoly initiative, seized on her application. “It’s so much easier to teach public policy to people who already know how to write than teach writing to public policy experts,” said Mr. Lynn, a former journalist
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“The long-term interests of consumers include product quality, variety and innovation — factors best promoted through both a robust competitive process and open markets,” she wrote.
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“It’s one thing to say that antitrust enforcement has gotten far too weak,” said Daniel Crane, a University of Michigan scholar who doesn’t agree with Ms. Khan but credits her with opening up a much-needed debate. “It’s a bridge much further to say we should go back to the populist goal of leveling playing fields and checking ‘bigness.’ ”
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Her father was a management consultant; her mother an executive in information services. Ms. Khan went to Williams College, where she wrote a thesis on the political philosopher Hannah Arendt. She was the editor of the student paper but worked hard at everything.
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Her Yale Law Journal paper argued that monopoly regulators who focus on consumer prices are thinking too short-term. In Ms. Khan’s view, a company like Amazon — one that sells things, competes against others selling things, and owns the platform where the deals are done — has an inherent advantage that undermines fair competition.
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“The whole country has been struggling to understand why the economy is not operating in the right way,” Mr. Cicilline said. “Wages have remained stagnant. Workers have less and less power. All we’re trying to do is create a level playing field, and that’s harder when you have megacompanies that make it virtually impossible for small competitors.” He added, “We’re at the very beginning of solutions to this.”
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The battle for intellectual supremacy takes place less these days in learned journals and more on social media, where tongues are sharp and branding is all. This is not Ms. Khan’s strong suit. She is always polite, even on Twitter. One consequence is that she didn’t give much thought about what to call the movement to reboot antitrust. Neither did anyone else
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Mr. Chopra, with Ms. Khan’s assistance, pushed the argument further on Sept. 6 with a 14-page official comment that suggested the F.T.C. bring back a tool buried in its toolbox: the ability to make rules.Contemporary antitrust regulation, the commissioner wrote, is conducted in the courts, which makes it numbingly slow and dependent on high-paid expert witnesses. He called for the agency to use its authority to issue rules that would “advance clarity and certainty” about what is, and what is not, an unfair method of competition.
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From Amazon’s point of view, however, it is a problem indeed that Ms. Khan concludes in the Yale paper that regulating parts of the company like a utility “could make sense.” She also said it “could make sense” to treat Amazon’s e-commerce operation like a bridge, highway, port, power grid or telephone network — all of which are required to allow access to their infrastructure on a nondiscriminatory basis.