"lina khan"

Beyond antitrust: the anti-monopoly movement and what it stands for

During a lunch break at the “New Future for Antitrust” conference at the University of Utah, Lina Khan (previously), Marshall Steinbaum (previously), and Tim Wu (previously) drafted "https://onezero.medium.com/the-utah-statement-reviving-antimonopoly-traditions-for-the-era-of-big-tech-e6be198012d7"The Utah Statement, setting out a program for fighting monopolies beyond the mere revival and exercise of antitrust law, premised on the notion "that concentrated private power has become a menace, a barrier to widespread prosperity." Read the rest

Structural Separation: antitrust's tried-and-true weapon for monopolists who bottleneck markets

Back in 2017, a law student named Lena Khan made waves in policy circles with the publication of her massive, brilliant, game-changing 24,000-word article in the Yale Law Journal, Amazon's Antitrust Paradox, which revisited the entirety of post-Ronald-Reagan antitrust orthodoxy to show how it had allowed Amazon to become a brutal, harmful monopoly without any consequences from the regulators charged with ensuring competition in our markets. Read the rest

Amazon's monopsony power: the other antitrust white meat

In 2017, law student Lina Khan shifted the debate on Amazon and antitrust with a seminal paper called Amazon's Antitrust Paradox, which used Amazon's abusive market dominance to criticize the Reagan-era shift in antitrust enforcement, which rewrote the criteria for antitrust enforcement, so that antitrust no longer concerned itself with preventing monopoly, and only focused on "consumer harm" in the form of higher prices. Read the rest

The Antitrust Case Against Facebook: a turning point in the debate over Big Tech and monopoly

In 2017, a 28-year-old law student named Lina Khan turned the antitrust world on its ear with her Yale Law Review paper, Amazon's Antitrust Paradox, which showed how Ronald Reagan's antitrust policies, inspired by ideological extremists at the University of Chicago's economics department, had created a space for abusive monopolists who could crush innovation, workers' rights, and competition without ever falling afoul of orthodox antitrust law. Read the rest

Amazon is the poster child for everything wrong with post-Reagan anti-trust enforcement

Last January, a 28-year-old law student named Lina Khan published a 24,000-word article in the Yale Law Journal unpicking a half-century's shifts in anti-trust law in America, using Amazon as a poster child for how something had gone very, very wrong -- and, unexpectedly, this law student's longread on one of the most technical and abstract areas of law has become the centerpiece of a raging debate in law and economics circles. Read the rest

Forced arbitration clauses are a form of wealth transfer to the rich

A federal judge called America's move to forced arbitration and bans on class-action suits -- bans favored and enabled by Scalia -- "among the most profound shifts in our legal history." Read the rest

Oligopolistic America: anti-competitive, unequal, and deliberate

A brilliant, enraging op-ed in the Washington Post from analysts from the New America Foundation and the American Antitrust Institute shows how the Reagan-era policy of encouraging monopolistic corporate behavior has made America unequal and uncompetitive, creating a horror Gilded Age where the Congressional consensus is that laws cannot possibly put a check on bad corporate actors.

It's another look at the problems set out in Matt Taibbi's brilliant book The Divide, tracing the policies that created both the private prison industry and banks so big that even the most depraved criminality can't be punished lest the bank tremble and collapse on wider society.

Particularly galling and illuminating is a quote from a Goldman Sachs report that advises investors to seek out "oligopolistic market structure[s]" where there's "lower competitive intensity, greater stickiness and pricing power with customers due to reduced choice" as the ideal way to maximize your return on capital. Read the rest