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August 16, 2021
Personnel vacancies and Big Pharma allies in the Biden administration threaten a landmark executive order on competition.
June 15, 2021
Lina Khan alone cannot bring in a new age of American trust-busting. Biden still has yet to name his assistant attorney general for antitrust halfway through his first year in office.
May 28, 2021
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.
May 17, 2021
Shelanski, Obama’s second OIRA administrator, now represents monopolies like Facebook and Tyson Foods. His regulatory skepticism and disdain for the emerging antitrust movement would make him a disastrous pick for any role in the Biden administration.
July 29, 2020 | Talking Points Memo
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.
July 18, 2020 | Washington Monthly
Better Policy Ideas Alone Won’t Stop Monopolies
Over the last four years, new voices in the Democratic Party have been calling for policies that push back on established power structures. The growing anti-monopoly movement is a major part of this populist uprising—aimed at breaking up the corporate giants that dominate large swaths of the economy.
June 19, 2020 | Washington Monthly
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
“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
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 28, 2020
The Top Revolving Door Jobs for Ex-FTC Lawyers and Economists
The Revolving Door Project’s investigation shows that corporate gigs continue to be the most popular positions for FTC lawyers to take after leaving their posts, and reveals the regularity with which economists and analysts revolve to economic consulting firms that serve corporate interests.
May 06, 2020
RDP Bemoans Big Pharma Merger Facilitated by Revolving Door BigLaw Lawyers
Revolving Door Project Executive Director Jeff Hauser said, “This anti-competitive merger further entrenches Big Pharma at the expense of all Americans. Big Pharma’s playbook here is no less dangerous for having become rote: They hire well-connected revolving door FTC alumni to secure approval for mergers that undermine the public interest. To restore the public interest at the FTC, we will need to end the FTC-to-BigLaw pipeline that has helped bring about an economy that works well for rich investors rather than American consumers or workers.”
April 14, 2020
Facebook Picks Up Senior FTC Official To Undermine Her Former Employees
The Covid-19 pandemic is creating ripe conditions for corporate acquisition sprees by industry giants. But at least one company, already under the microscope, isn’t just looking to pick off competitors. Facebook has its eyes on the supposed cops on this beat, the antitrust enforcement officials ready to jump ship.
April 08, 2020
BigLaw Jobs Are The Most Popular Next Step For Ex-FTC Antitrust Lawyers
A slim majority of individuals whom we could identify, and a strong plurality of the overall data set, have revolved into corporate law firms where they defend clients in the sorts of investigations and approval processes which they themselves used to administer.