Antitrust
The consumer welfare standard, which maximizes consumer benefits instead of protecting individual competitors in the market, has been the north star of antitrust policy for over four decades. Antitrust law under the consumer welfare standard is primarily focused benefiting consumers and strengthening the competitive process, not to protect companies from being outperformed by other firms. This objective, rule-of-law approach has protected American innovation and brought consistency to antitrust enforcement.
The left – and unfortunately some on the right – want to nullify the consumer welfare standard in favor of a more activist, interventionist approach to antitrust enforcement. Their ultimate goal is to use antitrust law to address unrelated social goals and “break up” big companies. Overzealous regulators would target large companies no matter how much they improve American lives or compete fairly with other firms. This would have a chilling effect on free enterprise, crush American innovation, and give activist bureaucrats license to fundamentally reshape the American economy. OCC opposes any and all efforts to weaken or overturn the consumer welfare standard, and stands firm against attempts to use antitrust law to reshape the economy.
We will also oppose proposals such as aggressive merger prohibitions, inverting the burden of proof, allowing collusion and antitrust exemptions for politically favored firms, and politicizing antitrust enforcement decision-making more generally. Arbitrary or overly broad antitrust enforcement will impede economic recovery and risks job losses—something we should not exacerbate as the nation recovers from economic hardships and adapts to evolving market dynamics and changing consumer needs resulting from the global pandemic.
Antitrust
EU “Gatekeepers” Announcement a Brazen Attempt to Fleece American Companies
The European Union has announced a list of six “gatekeepers” that are on six-month notice to comply with the onerous Digital Markets Act, a law designed to cripple American companies and boost their smaller European rivals. Make no mistake about it – this is a brazen attempt to fleece innovative…
Antitrust
Biden Administration Provides Hypocritical Guidance About Their Approach To “Enforcing” Antitrust Laws
Two weeks ago, Federal Trade Commission (FTC) Chair Lina Khan testified to Congress that the agency “only bring[s] cases when the facts before us lead us to believe that there is a law violation under the existing laws.” This week, Assistant Attorney General for the Department of Justice’s…
Antitrust
FTC Chair Khan Doubles Down on Use of Unethical Tactics To File Another Politically Motivated Lawsuit
Since Lina Khan was confirmed as Chair of the Federal Trade Commission (FTC) in a bait-and-switch operation, she has repeatedly pummeled American companies for the sin of success. Khan continued this crusade this week with a new lawsuit against Amazon, accusing the company of making it overly burdensome for users…
Antitrust
Ticketmaster’s All-In Pricing Commitment Proves That The Market Does Not Need Government To Solve Its Problems
Without any need for legislation or government regulation, a host of private companies, including Ticketmaster and Airbnb, have unilaterally decided to provide consumers with upfront, all-in prices, to address rising concerns over the disclosure of fees. These cross-company measures prove that businesses do not need government interference or…
Antitrust
Klobuchar’s JCPA Clears Senate Judiciary, But Senator Mike Lee Recognizes That “It Makes No Sense”
Here we go again. For the past few years, Senator Amy Klobuchar (D-Minn.) has relentlessly pressured Congress to pass her many progressive pet projects. No matter how much Congress and American voters reject these bills, she continues to waste time pushing her problematic and misguided proposals.
Antitrust
House Committee on Oversight and Accountability Investigates FTC Chair Khan’s Ethical Failings
On June 1, House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) sent a letter requesting a broad swath of documents from Federal Trade Commission (FTC) Chair Lina Khan. This investigation will evaluate the allegations of recently resigned FTC Commissioner Christine Wilson. In her Wall Street Journal op-ed detailing the reasons she…
Antitrust
Remote Worker Lina Khan Sends Staff to Europe to Undermine American Companies and Consumers
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have officially shipped personnel to Brussels to provide assistance to the European Union in implementing the Digital Markets Act (DMA). This marks the beginning of formal collusion between the FTC/DOJ and European bureaucrats to undermine American companies via…
Antitrust
Klobuchar Tries Once Again To Give Broad Powers to Lina Khan’s FTC
Over the past few years, Senator Amy Klobuchar (D-Minn.) has devoted her tenure in Congress to pushing through radical antitrust legislation to boost her progressive credentials, despite zero genuine public support for any of her extremist proposals. Now, Senator Klobuchar is at it again, attempting to co-opt an isolated mishap with…
Antitrust
Lina Khan’s Latest Stunt is Yet Another Indicator That the FTC is Off the Rails
FTC Chair Lina Khan has announced that the agency is unilaterally tightening a 2020 consent decree on social media company Meta, imposing severe and unprecedented restrictions on the platform. This announcement is yet another step towards Khan’s ultimate goal of putting every American business in a “Mother-May-I” relationship with…
Antitrust
18 Months Later, Khan Has The Same Answers for Her Staff, With No New Results
At last week’s House hearing into the practices of Federal Trade Commission (FTC) Chair Lina Khan, she fulsomely praised her staffers, saying “none of this work would have been possible without the extraordinary efforts of the FTC staff.” However, at today’s House Appropriations subcommittee hearing, Khan’s insincerity towards workers was…