In a memo dated September 22, 2021, the Chair of the Federal Trade Commission (“FTC”), Lina Khan, described for the FTC Staff and fellow Commissioners what she described as her “vision and priorities for the FTC.” The policy priorities Khan outlines include:
Chair Khan views these policy priorities as in line with her “holistic approach to identifying harms, recognizing that antitrust and consumer protection violations harm workers and independent businesses as well as consumers.” In short, the actions of dominant players in every industry will remain the focus, and we are likely to see more enforcement actions based on new and expansive theories of harm. It is unclear how these new theories will comport with well-established antitrust law.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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