The Future of Antitrust: Kamala Harris, Lina Khan, and the Battle for F.T.C. Leadership

The Future of Antitrust Under Kamala Harris: A Controversial Debate

Recent revelations regarding Reid Hoffman, the billionaire co-founder of LinkedIn and a significant Democratic contributor, have sparked a fierce backlash on the left. Hoffman has expressed his desire for Vice President Kamala Harris to replace Lina Khan as chair of the Federal Trade Commission (F.T.C.) if she secures victory in the upcoming November elections. This notion has drawn sharp criticism from prominent figures, including Senator Bernie Sanders, who labeled it as “unacceptable.” Tim Wu, a professor at Columbia Law School and a former official in Biden’s antitrust division, has gone so far as to demand that the Harris campaign return Hoffman’s financial contributions.

Lina Khan stands out as one of the most influential regulators in the Biden administration, especially concerning business regulation and antitrust policies. The uncertainty surrounding her position as F.T.C. chair reflects a broader apprehension among Democrats regarding how a potential Harris presidency would navigate the complex landscape of antitrust regulation.

Presidential Authority Over F.T.C. Chairs

It is crucial to understand that a president does not possess the unilateral authority to dismiss an F.T.C. chair without cause. This limitation stems from the precedent set by the 1935 Supreme Court case, Humphrey’s Executor v. United States, which dictates that a president can only remove an F.T.C. commissioner for legitimate reasons, excluding mere disagreements over policy. Nevertheless, the president does hold the power to designate the chair from among the current commissioners. This means that while Khan could potentially be relieved of her chairmanship, she might still retain her position as a commissioner, leading to potentially awkward dynamics.

The Complexities of Potential Replacement

The political landscape surrounding the replacement of Khan is notably intricate. Khan’s term is set to expire in September, but she may continue to serve until a successor is confirmed by the Senate. Given the time-consuming nature of nomination processes, if Republicans regain control of the Senate in November, it could pose significant challenges for a Harris administration in securing a new nominee.

• One unexpected twist in this saga is the support for Khan from Donald Trump’s running mate, Senator JD Vance of Ohio, who has lauded her as part of his broader critique of Big Tech.
• This bipartisan recognition complicates the narrative surrounding Khan and adds another layer of complexity to the discussions about her future.

As the election approaches, the dialogue surrounding Lina Khan’s role and the potential implications for antitrust enforcement under a Harris administration remains a critical point of contention among Democrats and political analysts alike.