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What happens when they lose this one too? Just because the commissioner has a law review Note setting forth a legal theory does not mean the law has changed.

prasadjoglekar 3y ago
The next one - for Google perhaps - gets even harder. They already lost one with Activision and Microsoft.
justrealist 3y ago
Lina Khan fails upward into a cabinet position in the next administration for demonstrated loyalty to questionably legal crusades.
- themitigating 3y ago
  She hasn't been in the position that long but the FTC settled with Epic games for $500 million in combined fines and refunds https://www.ftc.gov/news-events/news/press-releases/2022/12/fortnite-video-game-maker-epic-games-pay-more-half-billion-dollars-over-ftc-allegations https://www.ftc.gov/news-events/news/press-releases/2022/12/... However the FTC abilities may be limited because of two situations. First a surpreme court case that could limit federal agencies in general, likely because of the conservative majority. https://www.reuters.com/legal/federal-agency-powers-crosshairs-us-supreme-court-2023-07-04/ https://www.reuters.com/legal/federal-agency-powers-crosshai... Two, Trump has said if he is elected he will increase the power of the executive branch. Trump and Allies Forge Plans to Increase Presidential Power in 2025 https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2025.html?smid=nytcore-android-share https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2... "Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control." But your concern is that the head of the FTC, after making serious effort within the law to rein in Big Tech, fails Biden will give her a cabinet position. "Both sides..."
  - fallingknife 3y ago
    It was a mistake putting these agencies under the executive in the first place. Gives the president too much power by far. No reason they can't be run directly by congress.
    - JumpCrisscross 3y ago
      > No reason they can't be run directly by congress What does this mean? You want the FTC to be more toothless? Because that's what removing it from the executive and placing it under the legislature does: it turns it into a fact-finding outfit with zero enforcement powers.
      - fallingknife 3y ago
        If an executive agency can have legislative powers, then a legislative agency can also have executive powers.
        JumpCrisscross 3y ago
        > If an executive agency can have legislative powers, then a legislative agency can also have executive powers Sure. This isn't a hot take. The legislature can order the executive to take specific actions. It does so all the time. The reason every society in history separates or delineates its executive functions is because many tasks of government require faster action than a deliberative body can continuously commit to. Congress (big and slow) granting agencies (small and faster) limited rule-making powers increases the agencies' power. The executive granting the Congress limited executive powers (e.g. prosecuting contempt of Congress) doesn't confer an equal power transfer. The executive branch of any system is built to amplify and focus power; the legislature, to distribute it. That executive power, if vested in the Congress, would dissolve across the body. An FTC under the Congress would have the same authority as any Congressional subcommittee: infinite in theory, but relatively toothless in practice.
        3y ago
themitigating 3y ago
I'm not sure what you mean? If they lose then they lose. They don't have control of the law and having a legal review seems like the best they can do
JumpCrisscross 3y ago
> What happens when they lose this one too? Boards the country over become more emboldened. I have trouble seeing Khan's continuation at the FTC as anything but an olive branch to Big Tech. Activision is a recent failure. The glaring one was Facebook, where the FTC did "not even provide an estimated actual figure or range for Facebook's market share at any point over the past ten years" [1]. That's the judge! In his opinion! [1] https://casetext.com/case/fed-trade-commn-v-facebook-inc#p4 https://casetext.com/case/fed-trade-commn-v-facebook-inc#p4

prasadjoglekar 3y ago

The next one - for Google perhaps - gets even harder. They already lost one with Activision and Microsoft.

justrealist 3y ago

Lina Khan fails upward into a cabinet position in the next administration for demonstrated loyalty to questionably legal crusades.

themitigating 3y ago
She hasn't been in the position that long but the FTC settled with Epic games for $500 million in combined fines and refunds https://www.ftc.gov/news-events/news/press-releases/2022/12/fortnite-video-game-maker-epic-games-pay-more-half-billion-dollars-over-ftc-allegations https://www.ftc.gov/news-events/news/press-releases/2022/12/... However the FTC abilities may be limited because of two situations. First a surpreme court case that could limit federal agencies in general, likely because of the conservative majority. https://www.reuters.com/legal/federal-agency-powers-crosshairs-us-supreme-court-2023-07-04/ https://www.reuters.com/legal/federal-agency-powers-crosshai... Two, Trump has said if he is elected he will increase the power of the executive branch. Trump and Allies Forge Plans to Increase Presidential Power in 2025 https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2025.html?smid=nytcore-android-share https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2... "Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control." But your concern is that the head of the FTC, after making serious effort within the law to rein in Big Tech, fails Biden will give her a cabinet position. "Both sides..."
- fallingknife 3y ago
  It was a mistake putting these agencies under the executive in the first place. Gives the president too much power by far. No reason they can't be run directly by congress.
  - JumpCrisscross 3y ago
    > No reason they can't be run directly by congress What does this mean? You want the FTC to be more toothless? Because that's what removing it from the executive and placing it under the legislature does: it turns it into a fact-finding outfit with zero enforcement powers.
    - fallingknife 3y ago
      If an executive agency can have legislative powers, then a legislative agency can also have executive powers.
      - JumpCrisscross 3y ago
        > If an executive agency can have legislative powers, then a legislative agency can also have executive powers Sure. This isn't a hot take. The legislature can order the executive to take specific actions. It does so all the time. The reason every society in history separates or delineates its executive functions is because many tasks of government require faster action than a deliberative body can continuously commit to. Congress (big and slow) granting agencies (small and faster) limited rule-making powers increases the agencies' power. The executive granting the Congress limited executive powers (e.g. prosecuting contempt of Congress) doesn't confer an equal power transfer. The executive branch of any system is built to amplify and focus power; the legislature, to distribute it. That executive power, if vested in the Congress, would dissolve across the body. An FTC under the Congress would have the same authority as any Congressional subcommittee: infinite in theory, but relatively toothless in practice.
        3y ago

themitigating 3y ago

I'm not sure what you mean? If they lose then they lose. They don't have control of the law and having a legal review seems like the best they can do

JumpCrisscross 3y ago

> What happens when they lose this one too? Boards the country over become more emboldened. I have trouble seeing Khan's continuation at the FTC as anything but an olive branch to Big Tech. Activision is a recent failure. The glaring one was Facebook, where the FTC did "not even provide an estimated actual figure or range for Facebook's market share at any point over the past ten years" [1]. That's the judge! In his opinion! [1] https://casetext.com/case/fed-trade-commn-v-facebook-inc#p4 https://casetext.com/case/fed-trade-commn-v-facebook-inc#p4