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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.

December 21, 2020

Mariama Eversley Miranda Litwak

FOIA Request

2020 Election/TransitionAnti-Monopoly

From Civil Rights Giants to Dairy Farmers, Tom Vilsack for USDA is Bad Politics

Biden has long marketed himself as the unity candidate who could appeal to large swaths of the American electorate. So his selection of his old friend Tom Vilsack as USDA Secretary, whose only unifying characteristic is the disdain he has received from a broad coalition of advocacy groups, is perplexing to say the least.

December 09, 2020

Press Release

2020 Election/TransitionAnti-MonopolyRevolving DoorTech

Case Against Facebook Heightens Need For Independent Executive Branch

“We are glad that advocates and authorities across the country have begun to recognize the democratic imperative of ending concentrated economic power. In the case of Big Tech firms like Facebook, Google, and Amazon, the power they wield over the internet, the economy, our government, and broader society has had an incalculable impact.”

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 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 20, 2020 | Talking Points Memo Cafe

Miranda Litwak

Op-Ed

Anti-Monopoly

We Can’t Let Him Get Away With It: Trump Chose Wall Street Over Main Street

In an advertisement released earlier this month, the Lincoln Project, an anti-Trump PAC, claimed that the Trump administration bailed out big banks via its coronavirus stimulus legislation (the CARES Act), leaving Main Street to suffer the effects of the pandemic. “Trump bailed out Wall Street, not Main Street,” a grim voice-over tells the viewer. President Donald Trump quickly took to Twitter hurling insults at the leaders of the PAC. Soon after, Politifact reported the advertisement’s claim was false, and Facebook subsequently labeled the advertisement “partially false.” But the Lincoln Project’s statement is true by any measure: The Trump administration played a central role in crafting the CARES Act, a piece of legislation that has bailed out Wall Street and not Main Street. The designers of the CARES Act must be held responsible for their actions.