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July 22, 2021

Timi Iwayemi Fatou Ndiaye

Report

Anti-MonopolyIndependent AgenciesIntellectual PropertyPharmaTrade Policy

The Industry Agenda: Big Pharma

In 2019, Gallup found that the pharmaceutical industry was “the most poorly regarded industry in Americans’ eyes,” and rightfully so. Pharmaceutical companies often set drug prices exorbitantly high, including life-saving drugs which patients literally cannot go without, such as insulin. This includes older drugs that are cheaper to produce — such as epinephrine (emergency medication used to treat severe allergic reactions and asthma attacks). These firms achieve this by stifling competition at the consumer’s expense, jealously protecting their money-makers from the generics which the pharmaceutical system is supposed to develop after a patent expires.

May 28, 2021

Andrea Beaty Henry Burke

Blog Post

Anti-MonopolyFTCGovernment Capacity

Hobbled FTC Lacks Budget To Combat Corporate Buying Spree

Progressives have been encouraged by President Biden’s choices of anti-monopoly leadership in Lina Khan, Tim Wu, and (potentially) Jonathan Kanter. But in the interregnum between personnel announcements and actual confirmations, corporations are getting as many transactions done now as possible. And while the Biden Administration seems on the precipice of reining in the power of Big Tech and other monopolists soon, the FTC, one of the two agencies charged with enforcing antitrust law, continues to be hobbled by chronic underfunding.

April 19, 2021 | The Daily Beast

Miranda Litwak

Op-Ed

2020 Election/TransitionAnti-Monopoly

Silicon Valley’s Favorite Fixer Aims to Stop the Rising Left

But the old guard continues to wield significant power and will be hard pressed to admit defeat, as exemplified by political strategist Bradley Tusk’s continued success. Some might recall Tusk as New York Mayor Bill De Blasio’s biggest critic. Others know him best as Silicon Valley’s favorite political fixer. Teachers’ unions probably remember him comparing them to the NRA. Tusk’s particular brand of politics—lobbying against regulation on behalf of companies he then invests in—in some ways represents the last gasp of corporate control over government that has run rampant since the Reagan era.

March 31, 2021

Andrea Beaty

Blog Post

Anti-MonopolyDepartment of Justice

Facebook Strengthens Defenses Against Break Up By Hiring Another DOJ Antitrust Official

Another day, another former antitrust enforcer defecting for the corporate world. In the months since President Joe Biden promised to pursue more aggressive antitrust enforcement, former antitrust officials have become an even hotter commodity in the private sector. Douglas Rathbun is the latest official to jump ship from the increasingly central world of antitrust enforcement to the more lucrative world of defending the status quo. Rathbun is a former counsel for the Antitrust Division’s Office of Legal Policy and has advised the Division on administrative and regulatory matters as well as guided nominees to senior leadership positions. According to his LinkedIn, Rathbun elected to cut out the BigLaw middleman and join a corporation directly: this month he joined Facebook to work on public policy.

March 16, 2021

Zena Wolf

Blog Post

2020 Election/TransitionAnti-Monopoly

Revolver Spotlight: Einer Elhauge

Reports that Harvard Law Professor Einer Elhauge is being considered for a role in the Biden Administration should be treated with extreme caution due to his history of ties to Big Tech and work for the Republican Florida legislature in 2000. Although we at RDP applaud Elhauge’s recent pivot to support strengthening antitrust laws, we urge the Biden Administration to hold appointees to the highest possible standard. In particular, helping promulgate the absurd theory in 2000 that state legislatures can overrule elections conducted under laws they have passed should be disqualifying for any individual attempting to serve in the Biden Administration.

February 23, 2021 | Jacobin

Alex N. Press

Interview

Anti-MonopolyDepartment of JusticeEthics in GovernmentRevolving DoorTech

INTERVIEW: Who Is Merrick Garland's Friend Jamie Gorelick?

Jamie Gorelick, a high-powered lawyer who defended the city of Chicago after the police murder of Laquan McDonald and sits on the board of Amazon, is a case study of the influence big corporate law firms wield behind the scenes in Washington — and she has friends like Merrick Garland in high places in the Biden administration. The Revolving Door Project’s Elias Alsbergas and Max Moran spoke with Jacobin’s Alex N. Press about what Gorelick’s ties to Garland could mean for the Biden Administration’s Justice Department.

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

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.

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.