Zealot FTC's Lina Khan - Will She Become Mere Figurehead?

 Media coverage of the FTC usually boxes in its identity are focused on antitrust.

So the usual drill is to reflect on how Chairperson Lina Khan's aggressive antitrust agenda about M&A could trigger a drop in M&A activity. That in turn could trigger a loss of business for law fimrs. And possible layoffs.

So, is Khan scaring off dealmaking? And should associates, so highly paid, be shaking in their boots?

Maybe not. As Paul Weiss' official report on M&A for May 2022 documents, both the number and the value of deals are up. That law firm had represented MGM in its $8.5 billion acquistion by Amazon. 

But, the Bloomberg coverage today details this: The FTC focuses on much more than antitrust. That ranges from online privacy to the difficulty of exiting recurring online subscriptions. The latter resulted in the FTC's issuing a complaint against entrepreneur Andrew Bachman for alleged mobile cramming.  I had ghostwritten a book for Bachman before the probe. It had been accepted for publication by Wiley. Then that went poof with the investigation. So much for a nice credential on my resume.

Given that broad reach of the FTC, business has been wary of what shoes will drop and keep dropping with Khan as FTC head.

Currently, with its progressive majority Khan is in a position of strength. Also, she is backed by the Biden White Hous. There are the Democratic-controlled House and the Senate.

That's for now.

The results of the midterms can eliminate that Democratic conrol. And that in turn could weaken the perceived power of the Biden Administration.

By the beginning of 2023, Khan can find herself on the defensive, rather than the offensive. If conservatives return to the White House in the beginning of 2025, she could be merely a figurehead. 

The Khan FTC is being positioned and packaged as antibusiness. To many that's downright anti-American. 

Connect with Editor-in-Chief Jane Genova janegenova374@gmail.com. Conjure up magical results in your communications.

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