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February 15, 2021

Jeff Hauser Andrea Beaty

Blog Post

Anti-MonopolyDepartment of Justice

Trump Appointees Still Setting Agenda At Biden’s Antitrust Division

Last week the Biden administration appointed career civil servant Richard Powers as Acting Assistant Attorney General for the Department of Justice Antitrust Division (ATR). With the question of who will become Assistant Attorney General still up in the air and their confirmation likely several months away, the direction of the ATR’s enforcement is left in the hands of three top officials.

January 22, 2021

Miranda Litwak Andrea Beaty

Blog Post

Anti-MonopolyBigLaw

Right-Wing “Holding Pen” Firm May Snag Antitrust Division If Susan Davies Is Appointed

In a disappointing continuation from the Trump Administration, Politico reported last week that a Kirkland & Ellis lawyer is in contention to help lead the Department of Justice, raising serious concerns among anti-monopoly advocates. According to the article, Susan Davies, a litigation partner at Kirkland, might be the next assistant attorney general for antitrust.

January 22, 2021

Andrea Beaty Miranda Litwak

Blog Post

2020 Election/TransitionAnti-MonopolyTech

Big Tech’s Top Picks to Lead DOJ Antitrust Division

Big Tech has a huge stake in who Biden ultimately staffs his antitrust and tech regulators. These individuals will decide how aggressively to carry out Biden’s promises of reining in the political and market power of these companies. If Big Tech gets its way, Biden will staff his antitrust teams with its attorneys and allies, who have pushed back against calls to break up these monopolies and protected them against regulation and enforcement. But if Biden wants to keep his campaign promises to take on monopolies, he must shut the revolving door between the federal government and Big Tech. That starts by rejecting for top jobs the following Big Tech allies.

November 13, 2020

Andrea Beaty

Blog Post

Anti-MonopolyClimateRevolving Door

Economists-For-Hire Help Monopolists And Big Oil Both

On Wednesday, The New York Times exposed that a network of seemingly-grassroots campaigns to promote the use of fossil fuels was actually organized by FTI Consulting, a dystopic corporate consulting firm working on behalf of oil and gas behemoths like ExxonMobil. The Times also implicates an FTI subsidiary, Compass Lexecon, in producing academic reports to support these astroturfed campaigns’ talking points. Compass Lexecon employees wrote reports criticizing activist shareholders and university divestment campaigns, tactics often used by the environmental activists FTI was paid to undermine.

August 10, 2020

Jeff Hauser Max Moran Andrea Beaty Miranda Litwak

Blog Post

Anti-MonopolyEthics in GovernmentRevolving DoorTech

The Revolving Door Project on Fighting Monopoly Power

Congress and the antitrust enforcement agencies have given unprecedented attention to the monopoly issues surrounding Big Tech in recent months. The scrutiny is one step toward rebalancing our increasingly concentrated economy, especially in the time of COVID-19, when small businesses are struggling to survive and corporations are further entrenching their power. But the problem of economic concentration extends far beyond Big Tech. It defines almost every corner of our economy. With the upcoming election and a potential shift in power, Joe Biden has an opportunity to reduce economic consolidation across the board, using executive branch powers including, but not limited to, reforming the antitrust enforcement agencies.

July 29, 2020 | Talking Points Memo

Andrea Beaty

Op-Ed

Anti-MonopolyDepartment of JusticeFTCTech

Today’s Congressional Hearing Will Test Big Tech’s Simplest Algorithm: If An Ex-Regulator, Then Hire

The tech companies set to testify before the House today knew for years that a reckoning was in the works. They’ve been building up their defenses, and a key component of that defense is the antitrust enforcement officials who take a trip through the revolving door to the benefit of corporate clients.

June 19, 2020 | Washington Monthly

Andrea Beaty

Op-Ed

2020 Election/TransitionAnti-MonopolyFTC

How Biden Can Prove He’s Serious About Busting Corporate Monopolies

At the beginning of the coronavirus outbreak, Americans quickly learned just how unprepared the country was for a pandemic. One of the most alarming revelations was that the U.S. had nowhere near the number of ventilators and other life-saving medical equipment it needed to fight the virus. That’s largely because of a surprising culprit: the Federal Trade Commission (FTC).

June 17, 2020

Andrea Beaty

Blog Post

Foreign PolicyFTCRevolving DoorTrade Policy

“Career” Trade Reps Solicit USMCA Consulting Gigs from Auto Industry

Jason Bernstein and Fred Fischer, both Deputy Assistant U.S. Trade Representatives, reached out to auto industry representatives offering to “assist companies directly with their USMCA implementation needs,” according to Bloomberg’s report. The report did not confirm whether Bernstein and Fischer asked for or received clearance to contact the auto companies, while ethics experts speculate that offering such services while still employed by the government might breach federal ethics requirements.

June 04, 2020

Andrea Beaty

Blog Post

Anti-MonopolyBigLawFTC

Another BigLaw Alum Ascends at the FTC

In late May, the Federal Trade Commission promoted Patty McDermott to Deputy Assistant Director of the Anticompetitive Practices (ACP) division. The ACP division’s work “involves not only stopping illegal conduct but also shaping the law,” making McDermott’s new position one of interest to corporations overseen by the FTC, beyond run-of-the-mill enforcement.

May 14, 2020

Andrea Beaty

Blog Post

Anti-Monopoly

Bezos Conveniently Ignores Congress’s Call to the Hot Seat

In late April, Amazon caught heat from members of the House Judiciary Committee for seemingly lying about the company’s use of data on third party vendors selling in Amazon’s marketplace. Contradicting Amazon in-house counsel (and former DOJ Antitrust official) Nate Sutton’s sworn testimony on the subject in July of 2019, the Wall Street Journal broke the story on April 23rd that Amazon is using proprietary information generated for third-party sellers on the platform to develop its house-brand products.

May 11, 2020

Andrea Beaty Miranda Litwak

Report

Anti-MonopolyCoronavirusForeign Policy

International Antitrust Response to Coronavirus

The Pandemic Anti-Monopoly Act would preemptively stop harmful mergers that not only affect American consumers, but economies all over the world that rely on the same global supply chains. Undoubtedly, companies looking to acquire struggling businesses during the pandemic will try to take advantage of the “failing firm” argument to justify acquisitions. But what actions have lawmakers and antitrust enforcement officials in other countries undertaken to prevent predatory mergers while businesses struggle?