July 28, 2023

I knew Lina Khan was an antitrust badass (after all, that's why Republicans tried to block her nomination), but I wasn't sure she could make the kind of massive change happen that we need in D.C. The Federal Trade Commission is finalizing its long-rumored antitrust lawsuit against Amazon, sources told Politico, a move that could ultimately break up parts of the company. Via Politico:

The FTC has been investigating the company on a number of fronts, and the coming case would be one of the most aggressive and high-profile moves in the Biden administration’s rocky effort to tame the power of tech giants. The wide-ranging lawsuit is expected as soon as August, and will likely challenge a host of Amazon’s business practices, said the people, who were granted anonymity to discuss a confidential matter. If successful, it could lead to a court-ordered restructuring of the $1.3 trillion empire and define the legacy of FTC Chair Lina Khan.

Khan rose to prominence as a Big Tech skeptic with a 2017 academic paper specifically identifying Amazon as a modern monopolist needing to be reined in. Because any case will likely take years to wind through the courts, the final result will rest with her successors.

The exact details of the final lawsuit are not known, and changes to the final complaint are expected until the eleventh hour. But personnel throughout the agency, including Khan herself, have homed in on several of Amazon’s business practices, said some of the people.

The complaint is likely to focus on challenges to Amazon Prime, Amazon rules that the FTC says block lower prices on competing websites, and policies the FTC believes force merchants to use Amazon’s logistics and advertising services, according to some of the people.

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