Independent Agencies

June 14, 2023

KJ Boyle

Newsletter Anti-MonopolyBigLawDepartment of JusticeFTCIndependent AgenciesRevolving Door

Christine Varney Made A Career Out Of An Agency She Now Deems Unconstitutional

Implicit in the worldview of these revolvers is the idea that corporations should be free to operate and acquire competitors with near impunity, therefore antitrust enforcement should be as narrowly tailored as possible. This is obviously problematic — we need regulators that believe in the government’s ability to take on corporations with outsized market influence — but Cravath, Swaine & Moore’s Christine Varney recently took things many steps further in her representation of the biotech company Illumina in its case against the FTC. Varney doesn’t just attack specific enforcement actions as unwarranted, but calls into question the constitutionality of the FTC’s authority to issue enforcement actions in the first place. 

May 17, 2023 | The Sling

Dylan Gyauch-Lewis

Op-Ed Executive BranchIndependent Agencies

Biden Should Relieve Martin Oberman from His Chairmanship at the Surface Transportation Board

Just weeks after a series of high profile train derailments headlined by the disaster in East Palestine, Ohio, the Surface Transportation Board (STB) decided to double down on the current railroad oligopoly. The STB approved a merger between Canadian Pacific Railway and Kansas City Southern Railway Company, cutting the number of major “Class I” rail companies in the United States from seven down to six. This decision is diametrically opposed to the public interest and seriously undermines trust in rail regulators.

April 19, 2023

KJ Boyle Andrea Beaty Emma Marsano

Newsletter

Anti-MonopolyConsumer ProtectionDepartment of JusticeFTCGovernment CapacityIndependent Agencies

To Reverse Decades Of Neglect, Antitrust Agencies Need Robust Budgets

The FTC and the DOJ are still dealing with a deluge of corporate mergers, and still only have capabilities to challenge a handful of those actions each year. Restoring competition in the U.S. economy will require much more than slight increases in funding — these government agencies need monumental budgets to take on entrenched monopolies that have flourished with decades of lax enforcement.

April 11, 2023

Toni Aguilar Rosenthal

Letter Confirmations CrisisFTCIndependent Agencies

Progressive Groups Urge President Biden Not To Rush To Fill Republican FTC Vacancies

Demand Progress and the Revolving Door Project sent a letter to President Biden reminding him that neither the White House nor Senate Democrats “should feel compelled to expedite the nomination and/or confirmation of Republicans to independent agencies” particularly while Democratic nominees remain languishing in the Senate due to years of Senate Republicans’ malfeasance.

April 05, 2023 | Revolving Door Project Newsletter

Dylan Gyauch-Lewis Hannah Story Brown

Newsletter

Department of JusticeDepartment of TransportationFinancial RegulationGovernanceIndependent AgenciesRevolving Door

Several Flavors of Regulatory Failures

Until the Biden administration learns that they need to draw a sharp contrast with their predecessors and, generally, do a full 180, they will keep getting egg on their faces. And when the blame genuinely belongs to both the Trump and Biden administrations, warranted criticism of disastrous Republican deregulation is undermined.

March 22, 2023 | The Sling

Dylan Gyauch-Lewis

Op-Ed Department of TransportationExecutive BranchIndependent AgenciesLabor

Too Big To Rail: Railroads, Safety, and Accountability

Unfortunately, America’s rail workers are all too familiar with the consequences of how the railroad industry has been operated over the past 30 years. Precision scheduled railroading (PSR) has made the difference. PSR is a business model focused on reducing overhead costs and generating returns for shareholders. Similar to many other business models driven by financialization, it’s effectively  a scheme by giant railroad operators to cut staff and backup resources, push the remaining equipment and personnel to the breaking point, and funnel as much of the cash as possible to Wall Street. And by increasing market concentration even further, the recently approved rail merger between Canadian Pacific (CP) and Kansas City Southern (KCS) promises to make the situation even more dire — for railroad workers, for the communities our rail lines pass through, and for the American economy.