Senate Commerce Committee Nominee Questionnaire, 117Th Congress Instructions for the Nominees
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Amazon's Antitrust Paradox
LINA M. KHAN Amazon’s Antitrust Paradox abstract. Amazon is the titan of twenty-first century commerce. In addition to being a re- tailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and ex- pand widely instead. Through this strategy, the company has positioned itself at the center of e- commerce and now serves as essential infrastructure for a host of other businesses that depend upon it. Elements of the firm’s structure and conduct pose anticompetitive concerns—yet it has escaped antitrust scrutiny. This Note argues that the current framework in antitrust—specifically its pegging competi- tion to “consumer welfare,” defined as short-term price effects—is unequipped to capture the ar- chitecture of market power in the modern economy. We cannot cognize the potential harms to competition posed by Amazon’s dominance if we measure competition primarily through price and output. Specifically, current doctrine underappreciates the risk of predatory pricing and how integration across distinct business lines may prove anticompetitive. These concerns are height- ened in the context of online platforms for two reasons. First, the economics of platform markets create incentives for a company to pursue growth over profits, a strategy that investors have re- warded. Under these conditions, predatory pricing becomes highly rational—even as existing doctrine treats it as irrational and therefore implausible. -
If It's Broke, Fix It: Restoring Federal Government Ethics and Rule Of
If it’s Broke, Fix it Restoring Federal Government Ethics and Rule of Law Edited by Norman Eisen The editor and authors of this report are deeply grateful to several indi- viduals who were indispensable in its research and production. Colby Galliher is a Project and Research Assistant in the Governance Studies program of the Brookings Institution. Maya Gros and Kate Tandberg both worked as Interns in the Governance Studies program at Brookings. All three of them conducted essential fact-checking and proofreading of the text, standardized the citations, and managed the report’s production by coordinating with the authors and editor. IF IT’S BROKE, FIX IT 1 Table of Contents Editor’s Note: A New Day Dawns ................................................................................. 3 By Norman Eisen Introduction ........................................................................................................ 7 President Trump’s Profiteering .................................................................................. 10 By Virginia Canter Conflicts of Interest ............................................................................................... 12 By Walter Shaub Mandatory Divestitures ...................................................................................... 12 Blind-Managed Accounts .................................................................................... 12 Notification of Divestitures .................................................................................. 13 Discretionary Trusts -
Cwa News-Fall 2016
2 Communications Workers of America / fall 2016 Hardworking Americans Deserve LABOR DAY: the Truth about Donald Trump CWA t may be hard ers on Trump’s Doral Miami project in Florida who There’s no question that Donald Trump would be to believe that weren’t paid; dishwashers at a Trump resort in Palm a disaster as president. I Labor Day Beach, Fla. who were denied time-and-a half for marks the tradi- overtime hours; and wait staff, bartenders, and oth- If we: tional beginning of er hourly workers at Trump properties in California Want American employers to treat the “real” election and New York who didn’t receive tips customers u their employees well, we shouldn’t season, given how earmarked for them or were refused break time. vote for someone who stiffs workers. long we’ve already been talking about His record on working people’s right to have a union Want American wages to go up, By CWA President Chris Shelton u the presidential and bargain a fair contract is just as bad. Trump says we shouldn’t vote for someone who campaign. But there couldn’t be a higher-stakes he “100%” supports right-to-work, which weakens repeatedly violates minimum wage election for American workers than this year’s workers’ right to bargain a contract. Workers at his laws and says U.S. wages are too presidential election between Hillary Clinton and hotel in Vegas have been fired, threatened, and high. Donald Trump. have seen their benefits slashed. He tells voters he opposes the Trans-Pacific Partnership – a very bad Want jobs to stay in this country, u On Labor Day, a day that honors working people trade deal for working people – but still manufac- we shouldn’t vote for someone who and kicks off the final election sprint to November, tures his clothing and product lines in Bangladesh, manufactures products overseas. -
Voters: Climate Change Is Real Threat; Want Path to Citizenship for Illegal Aliens; See Themselves As 2Nd Amendment Supporters; Divided on Obamacare & Fed Govt
SIENA RESEARCH INSTITUTE SIENA COLLEGE, LOUDONVILLE, NY www.siena.edu/sri For Immediate Release: Tuesday, September 27, 2016 Contact: Steven Greenberg (518) 469-9858 Crosstabs; website/Twitter: www.Siena.edu/SRI/SNY @SienaResearch Time Warner Cable News / Siena College 19th Congressional District Poll: Game On: Faso 43 Percent, Teachout 42 Percent ¾ of Dems with Teachout, ¾ of Reps with Faso; Inds Divided Voters: Climate Change Is Real Threat; Want Path to Citizenship for Illegal Aliens; See Themselves as 2nd Amendment Supporters; Divided on Obamacare & Fed Govt. Involvement in Economy Trump Leads Clinton by 5 Points; Schumer Over Long by 19 Points Loudonville, NY. The race to replace retiring Republican Representative Chris Gibson is neck and neck, as Republican John Faso has the support of 43 percent of likely voters and Democrat Zephyr Teachout has the support of 42 percent, with 15 percent still undecided, according to a new Time Warner Cable News/Siena College poll of likely 19th C.D. voters released today. Both have identical 75 percent support among voters from their party, with independents virtually evenly divided between the two. By large margins, voters say climate change is a real, significant threat; want a pathway to citizenship for aliens here illegally; and, consider themselves 2nd Amendment supporters rather than gun control supporters. Voters are closely divided on Obamacare, supporting its repeal by a small four-point margin, and whether the federal government should increase or lessen its role to stimulate the economy. In the race for President, Donald Trump has a 43-38 percent lead over Hillary Clinton, while Chuck Schumer has a 55-36 percent lead over Wendy Long in the race for United States Senator. -
Link to PDF Version
ResolvedDetails - Agency Information Management System Page 1 of 1 AIMS Agency Information Management System Announcement: If you create a duplicate interaction, please contact Gwen Cannon-Jenkins to have it deleted Resolved Interactions Details Reopen Interaction Resolution Details Title: Interaction Resolved:11/30/2016 34 press calls Resolution Category:Resolved Interaction #: 10260 Response: Like everyone else, we were excited this morning to read Status: Resolved the President-elect’s twitter feed indicating that he wants to be free of conflicts of interest. OGE applauds that goal, which is consistent with an opinion OGE issued in 1983. Customer Information Divestiture resolves conflicts of interest in a way that transferring control does not. We don’t know the details of Source: Press Position: their plan, but we are willing and eager to help them with it. The tweets that OGE posted today were responding only First Name: James Email: (b)(6) ' to the public statement that the President-elect made on Last Name: Lipton Phone: his Twitter feed about his plans regarding conflicts of Title: Reporter - NYT Other Notes: This contact is a stand-in interest. OGE’s tweets were not based on any information contact for the 34 separate news about the President-elect’s plans beyond what was shared organizations who contacted us and who on his Twitter feed. OGE is non-partisan and does not received our statement on the issue. endorse any individual. https://twitter.com/OfficeGovEthics Complexity( Amount Of Time Spent On Interaction:More than 8 Interaction Details hours Initiated: 11/30/2016 Individuals Credited:Leigh Francis, Seth Jaffe Call Origination: Phone Add To Agency Profile: No Assigned: Seth Jaffe Memorialize Content: No Watching: Do Not Destroy: No Questions We received inquires from 34 separate news organizations concerning tweets from OGE's twitter account addressing the President-elect's plans to avoid conflicts of interest. -
Amazon's Surveillance Infrastructure and Revitalizing a Fair Marketplace
JULY 2021 Eyes Everywhere: Amazon's Surveillance Infrastructure and Revitalizing a Fair Marketplace Daniel A. Hanley 1 1 Contents Executive Summary ................................................................................ 2 I. Introduction ........................................................................................ 3 II. Competitor Surveillance ......................................................................... 4 A. Amazon Marketplace ...................................................................... 4 B. Amazon Web Services ...................................................................... 5 C. Fulfillment by Amazon ..................................................................... 6 III. Consumer Surveillance ...................................................................... 7 A. Amazon Marketplace ...................................................................... 7 B. Amazon Alexa .................................................................................. 8 C. Amazon Ring .................................................................................... 9 D. Amazon's Other Consumer Surveillance Ambitions ..................... 10 IV. Harms .............................................................................................. 11 A. Copying Competitor Products ...................................................... 11 B. Self-Preferencing ............................................................................ 13 C. Arbitrary and Exclusionary Rules .................................................. -
What Does Lina Khan's Appointment As FTC Chair Mean for Your Business?
Litigation & Arbitration Group Client Alert What Does Lina Khan’s Appointment as FTC Chair Mean for Your Business? June 25, 2021 Contact Fiona Schaeffer Andrew Wellin Eric Hyla Lena K. Bruce Partner Special Counsel Associate Associate +1 212.530.5243 +1 212.530.5432 +1 212.530.5243 +1 212.530.5028 [email protected] [email protected] [email protected] [email protected] On June 15, 2021, within hours of her Senate confirmation as a Federal Trade Commission (FTC) Commissioner, 32-year-old Lina Khan was appointed by President Biden to serve as the youngest FTC Chair in history. Khan has established herself as a progressive antitrust activist and a leader of the “New Brandeis Movement”1 that advocates for a revival of more aggressive U.S. antitrust policies and enforcement from the earlier part of the 20th century. Khan’s most widely-recognized and influential work, “Amazon’s Antitrust Paradox,” published in the Yale Law Journal in 2017 (while she was a Yale law student), argues that the current US antitrust paradigm (heavily influenced by the Chicago School) is too narrowly focused on consumer welfare and “is unequipped to capture the architecture of market power in the modern economy.”2 Because the consumer welfare standard focuses on short-term price and output effects, it is ill-equipped to address the purported harms to competition that big tech platforms raise. In her article, Khan maintains that platform markets, such as Amazon, have evaded antitrust liability because they focus on long-term growth over short-term profits – in short, they can make predatory, below-cost pricing a rational and profitable strategy, and can control the infrastructure on which their rivals depend without raising prices or reducing output in the short-term. -
The End of Antitrust History Revisited
BOOK REVIEW THE END OF ANTITRUST HISTORY REVISITED THE CURSE OF BIGNESS: ANTITRUST IN THE NEW GILDED AGE. By Tim Wu. New York, N.Y.: Columbia Global Reports. 2018. Pp. 154. $14.99. Reviewed by Lina M. Khan∗ INTRODUCTION In April 2007 the Antitrust Modernization Commission reported to Congress that “the state of the U.S. antitrust laws” was “sound.”1 Created by lawmakers to examine whether antitrust laws should be re- vised, the bipartisan Commission concluded that existing statutes were sufficiently flexible to address emerging issues, and that courts, antitrust agencies, and practitioners were now in proper agreement that “con- sumer welfare” was the “unifying goal of antitrust law.”2 A decade later, the American Bar Association’s Antitrust Section delivered a similar as- sessment, remarking that “the Nation’s system of competition enforce- ment has been in good hands.”3 These reports represented a high-water mark of agreement within the antitrust community that, despite ongoing debates about specific doctrinal tests or particular standards of proof, antitrust law was, altogether, on the right course. The fact that antitrust had shed its public appeal in favor of an expert-driven enterprise — becoming “less democratic and more technocratic”4 — was generally seen as further evidence of its success.5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Academic Fellow, Columbia Law School; Counsel, U.S. House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law. This Review reflects my per- sonal views and not those of the Committee or any of its members. For insightful comments and conversations, I am grateful to Eleanor Fox, David Grewal, Lev Menand, John Newman, and Mar- shall Steinbaum. -
Cuomo's Progressive Promises, Reminiscent of Four Years Ago, Receiv
Cuomo's Progressive Promises, Reminiscent of Four Years Ago, Receiv... http://www.gothamgazette.com/state/7613-cuomo-s-2018-progressive-p... Cuomo's Progressive Promises, Reminiscent of Four Years Ago, Received Differently Sam Raskin Stewart-Cousins, Cuomo, and Klein at unity event (photo: Govenor's Office) In May 2014, Governor Andrew Cuomo attempted to earn the last-minute endorsement of The Working Families Party with a video address at its nominating convention. As Cuomo sought a second term that year, he made a series of promises demanded by WFP members and received the party’s backing and ballot line. The deal with frustrated progressive activists and labor union leaders, who make up the WFP, was in part brokered by Mayor Bill de Blasio after the WFP threatened to run Zephyr Teachout to Cuomo’s left. Cuomo, a Democrat, promised to back a series of progressive policies and a Democratic takeover of the state Senate -- including the reunification of mainline Democrats and the Independent Democratic Conference -- where he acknowledged that many of those policies had been blocked. Nearly four years later and with little he had promised the WFP accomplished, Cuomo made similar pronouncements, this time weeks ahead of the planned WFP convention, while he is facing a challenge from the left by actor and activist Cynthia 1 of 6 4/16/2018, 12:14 PM Cuomo's Progressive Promises, Reminiscent of Four Years Ago, Receiv... http://www.gothamgazette.com/state/7613-cuomo-s-2018-progressive-p... Nixon. Nixon won the endorsement of the WFP on Saturday, however, with the party losing union members loyal to Cuomo and being driven by activists disillusioned by the governor, though he has made attempts to win them over. -
1 in the Shadow of Trump: How the 2016 Presidential Contest Affected
In the Shadow of Trump: How the 2016 Presidential Contest Affected House and Senate Primaries Prepared for the 2017 State of the Parties Conference, Akron, Ohio Robert G. Boatright, Clark University [email protected] The presidential race did not quite monopolize all of the uncivil or bizarre moments of the summer of 2016. One of the more interesting exchanges took place in Arizona in August of 2016, during the weeks before the state’s Senate primary election. Senator John McCain, always a somewhat unpredictable politician, has had difficulties in his last two primaries. Perhaps because he was perceived as having strayed too far toward the political center, or perhaps simply because his presidential bid had created some distance between McCain and Arizonans, he faced a vigorous challenge in 2010 from conservative talk show host and former Congressman J. D. Hayworth. McCain ultimately beat back Hayworth’s challenge, 56 percent to 32 percent, but only after a bitter campaign in which McCain spent a total of over $21 million and abandoned much of his “maverick” positioning and presented himself as a staunch conservative and a fierce opponent of illegal immigration (Steinhauer 2010). His task was made easier by his ability to attack Hayworth’s own checkered career in Congress. In 2016, McCain again faced a competitive primary opponent, physician, Tea Party activist, and two-term State Senator Kelli Ward. Ward, like Hayworth, argued that McCain was not conservative enough for Arizona. Ward was (and is), however, a decade younger than Hayworth, and her shorter tenure in political office made it harder for McCain to attack her. -
Em Plataformas Digitais
A Coleção Acadêmica Livre publica obras de livre acesso em formato digital. Nossos livros abordam o universo jurídico e temas transversais por meio de diferentes enfoques. Podem ser copiados, compartilhados, citados e divulgados livremente para fins não comerciais. A coleção é uma iniciativa da Escola de Direito de São Paulo da Fundação Getulio Vargas (FGV DIREITO SP). Esta obra foi avaliada e aprovada pelos membros do Conselho Editorial da coleção. Conselho Editorial Flavia Portella Püschel (FGV DIREITO SP) Gustavo Ferreira Santos (UFPE) Marcos Severino Nobre (Unicamp) Marcus Faro de Castro (UnB) Violeta Refkalefsky Loureiro (UFPA) DEFESA DA CONCORRÊNCIA EM PLATAFORMAS DIGITAIS Organização Caio Mário da Silva Pereira Neto Autores Antonio Bloch Belizario Bruno Bastos Becker Bruno Polonio Renzetti Caio Mário da Silva Pereira Neto Carolina Destailleur G. B. Bueno Daniel Favoretto Rocha Danilo Alves de Sousa Esther Collet Janny Teixeira Biselli Gabriel de Carvalho Fernandes João Felipe Achcar de Azambuja Marcela Abras Lorenzetti Marcela Mattiuzzo Marina Chakmati Raíssa Leite de Freitas Paixão Os livros da Coleção Acadêmica Livre podem ser copiados e compartilhados por meios eletrônicos; podem ser citados em outras obras, aulas, sites, apresentações, blogues, redes sociais etc., desde que mencionadas a fonte e a autoria. Podem ser reproduzidos em meio físico, no todo ou em parte, desde que para fins não comerciais. A Coleção Acadêmica Livre adota a licença Creative Commons - Atribuição-NãoComercial 4.0 Internacional, exceto onde estiver expresso de outro modo. Editora-chefe DEFESA DA CONCORRÊNCIA Catarina Helena Cortada Barbieri Edição EM PLATAFORMAS DIGITAIS Lyvia Felix Preparação de texto Willians Calazans Revisão e editoração Know-How Editorial Organização Projeto gráfico Caio Mário da Silva Pereira Neto Ultravioleta Design Capa Autores Marcelo Guerreiro (Ultravioleta Design) Antonio Bloch Belizario Bruno Bastos Becker Bruno Polonio Renzetti Ficha catalográfica elaborada por: Cristiane de Oliveira CRB SP-008061/O Caio Mário da Silva Pereira Neto Biblioteca Karl A. -
Emoluments Clause Donald Trump
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