Posted by

Theodore A. Gebhard*

The Biden Federal Trade Commission, led by Chairwoman Lina Khan, has taken an unusually expansive position on the scope of the antitrust laws and the Commission’s powers under Section 5 of the FTC Act. The link below is to an open letter written by former FTC officials, of which I am one, to Chairwoman Khan and the other Commissioners. The letter urges the Commission to be cognizant of traditional norms in antitrust enforcement and the limits of its authority, and to be judicious in case selection and in its theories of competitive harm. I encourage the reader of this post to read the letter in its entirety. TAG

FTC Alumni Open Letter to the Commission – final

* Theodore A. Gebhard is an attorney and economist.  See his mini-bio on the Contributors page.