Senate Commerce Committee Nominee Questionnaire, 117th Congress
Instructions for the nominees: The Senate Committee on Commerce, Science, and Transportation asks you to provide typed answers to each of the following questions. It is requested that the nominee type the question in full before each response. Do not leave DQ\ TXHVWLRQV EODQN 7\SH ³1RQH´ RU ³1RW $SSOLFDEOH´ LI a question does not apply to the nominee. Return printed answers to Committee. %HJLQ HDFK VHFWLRQ LH ³$´ ³%´ HWF RQ D QHZ VKHHW RI SDSHU
A. BIOGRAPHICAL INFORMATION AND QUALIFICATIONS
1. Name (Include any former names or nicknames used):
Lina Khan
2. Position to which nominated:
Commissioner, Federal Trade Commission
3. Date of Nomination:
March 24, 2021
4. Address (List current place of residence and office addresses):
Residence:
Office: 435 West 116th Street, New York, NY, 10027
5. Date and Place of Birth:
March 3, 1989 London, UK
6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children by a previous marriage).
Spouse: Shah Ali, Faculty (Assistant Instructor), University of Texas Southwestern Medical Center
1 7. List all college and graduate degrees. Provide year and school attended.
Williams College, B.A., 2010 Yale Law School, J.D., 2017
8. List all post-undergraduate employment, and highlight all management- level jobs held and any non-managerial jobs that relate to the position for which you are nominated.
Columbia Law School, Associate Professor, 2020-present
U.S. House Committee on the Judiciary, Counsel, 2019-2020
Columbia Law School, Academic Fellow, 2018-2019
Federal Trade Commission, Legal Fellow, 2018
Open Markets Institute, Legal Director, 2017-2018
Yale University, Graduate Teaching Assistant, 2016
Consumer Financial Protection Bureau, Enforcement Intern, Summer 2016
Cohen Milstein Sellers & Toll, Summer Associate, Summer 2016
Gupta Wessler, Summer Associate, Summer 2015
New America, Open Markets Program, Policy Analyst, 2011-2014
Center for Strategic & International Studies, Intern, 2011
White & Case, Legal Assistant, 2010
9. Attach a copy of your resume.
See attachment.
2 10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last ten years.
None.
11. List all positions held as an officer, director, trustee, partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, or other business, enterprise, educational, or other institution within the last ten years.
Fellow, Information Society Project, 2014-2017 (unpaid) Fellow, Open Markets Program, New America, 2014-2017 (unpaid)
12. Please list each membership you have had during the past ten years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religiously affiliated organization, private club, or other membership organization. (For this question, you do not have to list your religious affiliation or membership in a religious house of worship or institution.). Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership on the basis of sex, race, color, religion, national origin, age, or disability.
Member, New York State Bar Association, 2020-present
13. Have you ever been a candidate for and/or held a public office (elected, non-elected, or appointed)? If so, indicate whether any campaign has any outstanding debt, the amount, and whether you are personally liable for that debt.
No.
14. List all memberships and offices held with and services rendered to, whether compensated or not, any political party or election committee within the past ten years. If you have held a paid position or served in a formal or official advisory position (whether compensated or not) in a political campaign within the past ten years, identify the particulars of the campaign, including the candidate, year of the campaign, and your title and responsibilities.
3 I served as policy director on the campaign of Zephyr Teachout for Governor of New York in 2014 in an unpaid, volunteer capacity. My responsibilities included researching and writing up the candidate¶V policy positions and briefing the candidate on various policy issues.
15. Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $500 or more for the past ten years.
None.
16. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or achievements.
Awards: Ͳ $QWLWUXVW :ULWLQJ $ZDUG IRU ³%HVW *HQHUDO $QWLWUXVW Academic ArtiFOH´ Ͳ -HUU\ 6 &RKHQ 0HPRULDO )XQG :ULWLQJ $ZDUG IRU ³%HVW $QWLWUXVW $UWLFOH RI RQ 5HPHGLHV´ Ͳ $QWLWUXVW :ULWLQJ $ZDUG IRU ³%HVW $FDGHPLF 8QLODWHUDO &RQGXFW $UWLFOH´ Ͳ Israel H. Peres Prize for best Note or Comment appearing in the Yale Law Journal (2017) Ͳ Michael Egger Prize for best Yale Law Journal Note on current social problems (2017) Ͳ Arthur B. Graves Essay Prize for best essay in political theory (2010)
Scholarship: Ͳ Reinhardt Fellow 2016-2017, scholarship for demonstrated commitment to public interest law
Other Recognition: Ͳ TIME Magazine 100 Next (2021) Ͳ Washingtonian 40 Under 40 (2020) Ͳ National Journal 50 (2019) Ͳ 7,0( 0DJD]LQH ³1H[W *HQHUDWLRQ /HDGHU´ Ͳ Wired25 (2019) Ͳ 7KH 3URVSHFW ³7RS 7KLQNHUV´
4 Ͳ )RUHLJQ 3ROLF\ ³*OREDO 7KLQNHUV´ Ͳ Politico 50 (2018)
17. Please list each book, article, column, Internet blog posting, or other publication you have authored, individually or with others. Include a link to each publication when possible. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of these publications unless otherwise instructed.
Academic Publications:
Ͳ The End of Antitrust History Revisited, 133 Harvard Law Review 1655 (2020)
Ͳ 7KH &DVH IRU ³8QIDLU 0HWKRGV RI &RPSHWLWLRQ´ 5XOHPDNLQJ, 87 University of Chicago Law Review 357 (2020) (with Rohit Chopra)
Ͳ &RPPHQW RQ 'DQLHO $ &UDQH¶V ³$ 3UHPDWXUH 3RVWPRUWHP RQ WKH &KLFDJR School of Antitrust´ Business History Review, Vol. 93, Issue 4 (2020)
Ͳ A Skeptical View of Information Fiduciaries, 133 Harvard Law Review 497 (2019) (with David E. Pozen)
Ͳ The Separation of Platforms and Commerce, 119 Columbia Law Review 973 (2019)
Ͳ 7KH ,GHRORJLFDO 5RRWV RI $PHULFD¶V 0DUNHW 3RZHU 3UREOHP, 127 Yale Law Journal Forum 960 (2018)
Ͳ Sources of Tech Platform Power, 2 Georgetown Law & Technology Review 325 (2018)
Ͳ 7KH 1HZ %UDQGHLV 0RYHPHQW $PHULFD¶V $QWLPRQRSRO\ 'HEDWH, 9 Journal of European Competition Law & Policy 3 (Mar. 2018)
Ͳ $PD]RQ¶V $QWLWUXVW 3DUDGR[, 126 Yale Law Journal 710 (2017)
Ͳ Market Power and Inequality, 11 Harvard Law & Policy Review 234 (2017) (with Sandeep Vaheesan)
5
Ͳ Arbitration as Wealth Transfer, 35 Yale Law & Policy Review 101 (2017) (with Deepak Gupta)
Ͳ Market Structure and Political Law: A Taxonomy of Power, 9 Duke Journal of Constitutional Law & Public Policy 37 (2014) (with Zephyr Teachout)
Shorter Articles, Op-Eds, Blog Posts:
Ͳ Symposium: A Skeptical View of Information Asymmetries, Law & Political Economy Blog (May 28, 2019) (with David E. Pozen)
Ͳ How to Fix America's Monopoly Problem, Take Care Blog (Dec. 18, 2018)
Ͳ Khan on Ohio v. American Express, Law & Political Economy Blog (July 30, 2018)
Ͳ America Has a Major Market Power Problem and SCOTUS Just Made It Worse, Take Care Blog (July 5, 2018)
Ͳ The Supreme Court just quietly gutted antitrust law, Vox (July 3, 2018)
Ͳ The Supreme Court Case That Could Give Tech Giants More Power, N.Y. Times (Mar. 2, 2018)
Ͳ Amazon Bites Off More Monopoly Power, N.Y. Times (June 21, 2017)
Ͳ New Tools to Promote Competition, Democracy Journal (Fall 2016)
Ͳ Restoring Competition in the U.S. Economy, in Untamed (June 2016) (Roosevelt Institute ed.) (with K. Sabeel Rahman
Ͳ How to reboot the FTC, Politico (Apr. 13, 2016)
Ͳ Arbitration as Wealth Transfer, ACS Issue Brief (Feb. 2016) (with Deepak Gupta)
Ͳ Antitrust laws need to EH HQIRUFHG EHWWHU +HUH¶V KRZ, Washington Post (Oct. 28, 2015)
6 Ͳ 7KH JRYHUQPHQW VD\V DLUOLQHV SUH\ RQ FRQVXPHUV 7KDW¶V WKH JRYHUQPHQW¶V fault, Washington Post (July 9, 2015)
Ͳ &)3% 6KRZV 7KDW $UELWUDWLRQ 'RHVQ¶W :RUN IRU &RQVXPHUV, Washington Monthly (Mar. 17, 2015)
Ͳ The Age of Amazon is Upon Us, Salon (Jan. 16, 2015)
Ͳ :KDW HYHU\RQH¶V JHWWLQJ ZURQJ DERXW $PD]RQ, Quartz (Oct. 17, 2014)
Ͳ Thrown Out of Court, Washington Monthly (June-Aug. 2014)
Ͳ How America Became Uncompetitive and Unequal, Washington Post (June 13, 2014) (with Sandeep Vaheesan)
Ͳ A Remedy for the Amazon-Hachette Fight?, CNN (May 30, 2014)
Ͳ No Exit: The Digital Edition, The American Prospect (Mar. 5, 2014)
Ͳ 7KLV ODZVXLW WKUHDWHQV WR HQG :DOPDUW¶V H[SORLWDWLYH ZD\V, Quartz (Feb. 7, 2014)
Ͳ Why you might pay more than your neighbor for the same item, Quartz (Jan. 19, 2014)
Ͳ The Rise of Big Chocolate, Foreign Policy (Nov. 12, 2013)
Ͳ Why So Little Candy Variety? Blame the Chocolate Oligopoly, Time Magazine (Nov. 1, 2013)
Ͳ The Fed is about to make owning physical assets a game all banks can play, Quartz (Oct. 23, 2013)
Ͳ The Folks Who Sell Your Corn Flakes Are Acting Like Goldman Sachs, The New Republic (Sept. 11, 2013)
Ͳ The Fed Could Still Let Wall Street Sneak Back Into the Commodities Business, Mother Jones (Aug. 8, 2013)
Ͳ Seed Money, Slate (July 23, 2013) (with Barry C. Lynn)
7 Ͳ Is the government helping speculators manipulate grain futures?, Salon (May 28, 2013)
Ͳ JP Morgan Gets a Big Holiday Gift from the SEC, New Republic (Dec. 31, 2012)
Ͳ 2EDPD¶V *DPH RI &KLFNHQ, Washington Monthly (Nov./Dec. 2012)
Ͳ The Slow-Motion Collapse of Entrepreneurship, Washington Monthly (July/Aug. 2012) (with Barry C. Lynn)
Ͳ Terminal Sickness: How a thirty-year-old policy of deregulation is slowly NLOOLQJ $PHULFD¶V DLUOLQH V\VWHP, Washington Monthly (Mar./Apr. 2012) (with Phillip Longman)
Speeches and Panel Discussions:
Ͳ Yale Law School, Information Society Project, The Crisis of the Press and the Democracy (Panelist, Mar. 2021)
Ͳ Consumer Law Scholars Conference, Essential Platforms (Discussant, Mar. 2021)
Ͳ Law & Economics Conference at Sciences Po Law School, A New Era in Antitrust (Panelist, Jan. 2021)
Ͳ Istanbul Competition Forum, Competition Issues in Digital Markets (Keynote, Dec. 2020)
Ͳ OECD Global Forum for Competition, Abuse of Dominance and Theories of Harm (Panelist, Dec. 2020)
Ͳ New York Times DealBook Forum, Future of Big Tech (Panelist, Dec. 2020)
Ͳ University of Berkeley, American Constitution Society, Antitrust Law (Discussant, Nov. 2020)
Ͳ American Bar Association, Antitrust Fall Forum (Panelist, Nov. 2020)
8 Ͳ Stanford University, Technology and the 2020 Election (Speaker, Oct. 2020)
Ͳ Oxford University, Digital Platforms & Ecosystems (Panelist, Oct. 2020)
Ͳ Concurrences, US Antitrust Takes Big Steps: How to Read That in Europe? (Discussant, Oct. 2020)
Ͳ Knight First Amendment Institute, Market Power and Freedom of Expression (Panelist, Nov. 2019)
Ͳ Committee on Science, Technology, and Law of the National Academies of Sciences, Engineering, and Medicine, 38th Meeting, U.S. and International Legal and Policy Efforts to Address Platform Concerns (Presenter, Oct. 2019)
Ͳ University of Utah, New Approaches to Antitrust (Panelist, Oct. 2019)
Ͳ American Constitution Society, A Progressive Economic Agenda (Panelist, Oct. 2019)
Ͳ Columbia University, Progressivism, Socialism, or Nationalism? (Presenter, Oct. 2019)
Ͳ Georgetown Law School, Law and Macroeconomics (Presenter, Sept. 2019)
Ͳ Annual Meeting of the Academy of Management, Power and Inequality in a World of Platform and Ecosystems (Panelist, Aug. 2019)
Ͳ $VSHQ ,QVWLWXWH :KHQ ,V ³%LJ´ 7RR %LJ" ,QWHUYLHZ -XQH
Ͳ :RPHQ¶V &RPSHWLWLRQ 1HWZRUN $%$ $QWLWUXVW 6SULQJ 0HHWLQJ (Keynote, Mar. 2019)
Ͳ Roosevelt Institute, Bold vs. Old (Panelist, Mar. 2019)
Ͳ PubWest, Annual Conference (Keynote, Feb. 2019)
Ͳ Yale Law School, Law & Political Economy (Participant, Jan. 2019)
9 Ͳ CRA Annual Brussels Conference, Economic Developments in Competition Policy, 2018 (Panelist, Dec. 2018)
Ͳ UC Irvine Law, Competition, Antitrust Law, and Innovation Forum Workshop (Presenter, Oct. 2018)
Ͳ Stigler Center at the University of Chicago Booth School, Digital Platforms and Concentration (Panelist, Apr. 2018)
Ͳ Yale Law School, Law and the Political Economy of Technology (Workshop Participant, Apr. 2018)
Ͳ American Constitution Society, A Progressive Vision for Antitrust (Panelist, Mar. 2018)
Ͳ Council of Institutional Investors, Understanding Investor Risks at Amazon.com, Inc. (Speaker, Mar. 2018)
Ͳ EU@SXSW, Addressing Antitrust and Competition in the Digital Economy (Panelist, Mar. 2018)
Ͳ Georgetown University Law School, The Governance and Regulation of Information Platforms (Panelist, Feb. 2018)
Ͳ Stanford University Wesson Discussion Seminar, The Curse of Bigness Revisited (Panelist, Feb. 2018)
Ͳ Vanderbilt Law School, The New Infrastructure (Presenter, Feb. 2018)
Ͳ Consumer Privacy Data Protection in Brussels, Privatization of Privacy: Freedom and Democracy and the Threat of Global Tech Monopolies (Panelist, Jan. 2018)
Ͳ Association of American Law Schools, Annual Meeting, Politics in Antitrust (Panelist, Jan. 2018)
Ͳ The Capitol Forum, United States Monopolization Law: What Are the Challenges to Enforcement and Can They Be Overcome? (Panelist, Dec. 2017)
10 Ͳ Williams College, $PHULFD¶V 0RQRSRO\ 3UREOHP (Speaker, Dec. 2017)
Ͳ Harvard Kennedy School, Open Markets and the Monopoly Power of Platforms (Speaker, Dec. 2017)
Ͳ Tulane University School of Law, ClassCrits X Conference, Wielding the Antitrust Tool (Panelist, Nov. 2017)
Ͳ Open Markets Institute, Is Big Tech an Existential Threat? (Panelist, Nov. 2017)
Ͳ Transatlantic Digital Debates, Platforms and Competition (Speaker, Nov. 2017)
Ͳ The Roosevelt Institute, Market Power Rising (Panelist, Sept. 2017)
Ͳ Washington Center for Equitable Growth, $PD]RQ¶V $QWLWUXVW 3DUDGR[ (Speaker, Sept. 2017)
Ͳ Democracy Fund, The Platforms: Media, Commerce, and Social Life (Panelist, Aug. 2017)
Ͳ Association for the Promotion of Political Economy and the Law, Regulating Market Power (Panelist, June 2017)
Ͳ Digital Content Next Legal & Legislative Day, Platforms (Panelist, June 2017)
Ͳ 7KH 3HRSOH¶V 6XPPLW Winning the Battle for the Internet (Panelist, June 2017)
Ͳ American Constitution Society National Convention, A Second Gilded Age: The Consolidation of Wealth and Corporate Power (Panelist, June 2017)
Ͳ Personal Democracy Forum, Technopoly and Its Discontents: What to Do About Big Media Platforms? (Panelist, June 2017)
Ͳ Stigler Center at the University of Chicago Booth School, Is There a Concentration Problem in America? (Panelist, Mar. 2017)
11 Ͳ Yale Law School, Rebellious Lawyering Conference, Challenging Concentrated Corporate Power (Moderator, Feb. 2017)
Ͳ Yale Law School, Yale Law Journal Student Workshop (Presenter, Oct. 2016)
Ͳ Loyola University Chicago School of Law, ClassCrits IX Conference, Markets and Methods (Panelist, Oct. 2016)
Ͳ Capitol Forum and George Washington Institute for Public Policy, Dominant Platforms Under the Microscope: Policy Approaches in the US and EU (Moderator, Sept. 2016)
Ͳ Netroots Nation, How the Next President Can Tackle Corporate Power (Panelist, July 2016)
Ͳ New America, $PHULFD¶V 0RQRSRO\ 3UREOHP (Panelist, June 2016)
Ͳ SHELTER Talks New York, $PHULFD¶V 0RQRSRO\ 3UREOHP +RZ Antitrust Went Bust (Speaker, June 2016)
Ͳ New America, $PD]RQ¶V %RRN 0RQRSRO\ (Panelist, Jan. 2016)
18. List all digital platforms (including social media and other digital content sites) on which you currently or have formerly operated an account, regardless of whether or not the account was held in your name RU DQ DOLDV ,QFOXGH WKH QDPH RI DQ ³DOLDV´ RU ³KDQGOH´ \RX KDYH XVHG RQ each of the named platforms. Indicate whether the account is active, deleted, or dormant. Include a link to each account if possible.
Twitter: @linamkhan (active) Facebook: Lina Khan (dormant) Instagram: @linamkhan (dormant)
19. Please identify each instance in which you have testified orally or in writing before Congress in a governmental or non-governmental capacity and specify the date and subject matter of each testimony.
Ͳ +RXVH -XGLFLDU\ &RPPLWWHH %ULHILQJ ³7KH ,PSDFW RI 'ominant Internet 3ODWIRUPV RQ &RPSHWLWLRQ ,QQRYDWLRQ DQG 'HPRFUDF\´ 1RY
12 Ͳ House Judiciary Committee, Briefing, ³&RPSHWLWLRQ DQG &RUSRUDWH 3RZHU´ 2FW
20. Given the current mission, major programs, and major operational objectives of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish to serve in that position?
Over the last decade, my work has focused on examining business practices that can impair fair competition, with the effect of hindering entrepreneurship, stunting investment, retarding innovation, undermining resiliency, and impeding widespread prosperity. Through this work, I KDYH EHFRPH YHU\ IDPLOLDU ZLWK WKH )7&¶V legal authorities and its history of policing unfair methods of competition and targeting deceptive conduct. In my prior role at the FTC, I focused on exploring how the agency could use its existing authorities to promote predictability, efficiency, and transparency. Additionally, my time serving as counsel to WKH +RXVH -XGLFLDU\ &RPPLWWHH¶V 6XEFRPPLWWHH RQ $QWLWUXVW Commercial, and Administrative Law involved a rigorous review of the FTC¶V UHFRUG ZKLFK GHHSHQHG P\ XQGHUVWDQGLQJ RI WKH &RPPLVVLRQ¶V responsibilities and challenges.
The FTC was designed to serve as a key guardian of fair competition and to protect consumers, and I believe it is incumbent on the agency to fulfill the full scope of its statutory mission and obligations. I am honored to be considered for a role as FTC Commissioner, and ² if I am confirmed by the Senate ² I hope to work with my fellow Commissioners to ensure the agency serves as an effective steward of the public trust and welfare.
21. What do you believe are your responsibilities, if confirmed, to ensure that the department/agency has proper management and accounting controls, and what experience do you have in managing a large organization?
Commissioners are charged with identifying agency priorities and ensuring the agency is fulfilling its statutory obligations through effective and efficient use of public resources. I believe that continuous oversight RI WKH DJHQF\¶V PDQDJHPHQW DQG accounting controls is an important part of HQVXULQJ WKH DJHQF\¶V XOWLPDWH VXFFHVV If confirmed, I would leverage
13 my experience conducting oversight of the FTC to ensure resource allocations and priorities are aligned with statutory goals. I would also carefully review any deficiencies identified by Congress, the Inspector General, and others and seek to take corrective actions as appropriate.
22. What do you believe to be the top three challenges facing the department/agency, and why?
First, the Commission should ensure that its approach to identifying unfair or deceptive conduct reflects analytic rigor and a strong grasp of empirical realities. Growing digitization across the economy requires that the FTC keep pace with evolving business practices and emerging technologies. In certain instances, this will require the agency to revisit its approach to assessing legal violations and identifying appropriate remedies to ensure that consumers, workers, and any other victims of unlawful conduct are protected.
Second, the Commission should have the ability to enjoin lawbreaking and secure redress for victims of illegal activity. The FTC has traditionally used its Section 13(b) authority to prevent unlawful conduct and obtain monetary relief, but several appellate courts have undermined this authority, which the Supreme Court is now reviewing. Further weakening of this authority would likely limit the )7&¶V DELOLW\ WR VHFXUH monetary redress and to ensure that entities do not profit from lawbreaking.
Third, the Commission should UHVWRUH FRQILGHQFH LQ WKH DJHQF\¶V enforcement decisions and capacities. Over the last decade, repeat violations of FTC orders and uneven enforcement have undermined public trust in the Commission. Restoring its credibility will require a willingness to learn from new evidence and updating the Commission's approach accordingly.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation agreements, and other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts.
14 a. Columbia University Retirement Savings Plan: I will continue to participate in this defined contribution plan, but neither I nor the plan sponsor will make contributions during the course of my government service.
b. New America TIAA Retirement Account: I will continue to participate in these defined contribution plans, but the plan sponsor no longer makes contributions.
c. Columbia University: I am currently receiving rental assistance from Columbia University but Columbia University will cease making these payments once I begin my leave of absence. While I do not currently receive any of WKH IROORZLQJ EHQHILWV FRQVLVWHQW ZLWK &ROXPELD¶V OHDYH RI absence policy, during my two-year leave of absence I am eligible to live in Columbia Residential apartments, I am eligible to receive mortgage assistance, and I am eligible for child care benefits (child care assistance and tuition assistance). If I am granted an extension of my leave of absence beyond two years, I will not receive any benefits beyond the two-year leave of absence.
2. Do you have any commitments or agreements, formal or informal, to maintain employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain.
I will take an unpaid, two-year leave of absence from my faculty position, Associate Professor of Law, at Columbia Law School, Columbia University. Leave is typically granted for two years but can be extended.
3. Indicate any investments, obligations, liabilities, or other relationships which could involve potential conflicts of interest in the position to which you have been nominated. Explain how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with the 86 2IILFH RI *RYHUQPHQW (WKLFV DQG WKH )HGHUDO 7UDGH &RPPLVVLRQ¶V
15 Designated Agency Ethics Official to identify potential conflicts of interest. If confirmed, any potential conflicts of interest will be resolved in accordance with the terms of the ethics agreement that I have entered LQWR ZLWK WKH &RPPLVVLRQ¶V 'HVLJQDWHG $JHQF\ (WKLFV 2IILFLDO , DP QRW aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial transaction which you have had during the last ten years, whether for yourself, on behalf of a client, or acting as an agent, that could in any way constitute or result in a possible conflict of interest in the position to which you have been nominated. Explain how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with the 86 2IILFH RI *RYHUQPHQW (WKLFV DQG WKH )HGHUDO 7UDGH &RPPLVVLRQ¶V Designated Agency Ethics Official to identify potential conflicts of interest. If confirmed, any potential conflicts of interest will be resolved in accordance with the terms of the ethics agreement that I have entered LQWR ZLWK WKH &RPPLVVLRQ¶V 'HVLJQDWHG $JHQF\ (WKLFV 2IILFLDO , DP QRW aware of any other potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with the U.S. Office of *RYHUQPHQW (WKLFV DQG WKH )HGHUDO 7UDGH &RPPLVVLRQ¶V Designated Agency Ethics Official to identify potential conflicts of interest. If confirmed, any potential conflicts of interest will be resolved in accordance with the terms of the ethics agreement that I have entered LQWR ZLWK WKH &RPPLVVLRQ¶V 'HVLJQDWHG $JHQF\ (WKLFV 2IILFLDO , DP QRW aware of any other potential conflicts of interest.
6. Describe any activity during the past ten years, including the names of clients represented, in which you have been engaged for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public policy.
As counsel to the House Judiciary Committee, my responsibilities included providing substantive advice and technical assistance to members of Congress on potential legislative reforms to the antitrust laws
16 and oversight of federal agencies. As legal director of the Open Markets Institute, I was solicited by congressional staffers to provide substantive advice and technical assistance relating to the administration and execution of antitrust laws and competition policy.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics, professional misconduct, or retaliation by, or been the subject of a complaint to, any court, administrative agency, the Office of Special Counsel, professional association, disciplinary committee, or other professional group? If yes:
a. Provide the name of agency, association, committee, or group; b. Provide the date the citation, disciplinary action, complaint, or personnel action was issued or initiated; c. Describe the citation, disciplinary action, complaint, or personnel action; d. Provide the results of the citation, disciplinary action, complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by any Federal, State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain.
No.
3. Have you or any business or nonprofit of which you are or were an officer ever been involved as a party in an administrative agency proceeding, criminal proceeding, or civil litigation? If so, please explain.
No.
4. Have you ever been convicted (including pleas of guilty or nolo contendere) of any criminal violation other than a minor traffic offense? If so, please explain.
17 No.
5. Have you ever been accused, formally or informally, of sexual harassment or discrimination on the basis of sex, race, religion, or any other basis? If so, please explain.
No.
6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination.
No.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with deadlines for information set by congressional committees, and that your department/agency endeavors to timely comply with requests for information from individual Members of Congress, including requests from members in the minority?
Yes.
2. Will you ensure that your department/agency does whatever it can to protect congressional witnesses and whistle blowers from reprisal for their testimony and disclosures?
Yes.
3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters of interest to the Committee?
Yes.
4. Are you willing to appear and testify before any duly constituted committee of the Congress on such occasions as you may be reasonably requested to do so?
Yes.
18 (Nominee is to include this signed affidavit along with answers to the above questions.)
F. AFFIDAVIT
Lina Khan being duly sworn, hereby states that she has read and signed the foregoing Statement on Biographical and Financial Information and that the information provided therein is, to the best of her knowledge, current, accurate, and complete.
Signature of Nominee
28th March Subscribed and sworn before me this day of , 202021 .
Notary Public
23 Notarized online using audio-video communication LINA M. KHAN 435 West 116th Street, New York, NY 10027 [email protected]
EMPLOYMENT
Columbia Law School Fall 2020-present Associate Professor of Law
U.S. House Committee on the Judiciary—Subcommittee on Antitrust, Mar. 2019-Oct. 2020 Commercial, and Administrative Law Majority Counsel
Columbia Law School 2018-2019 Academic Fellow
Federal Trade Commission 2018 Legal Fellow in the Office of Commissioner Rohit Chopra
Open Markets Institute, Washington, DC 2017-2018 Legal Director
Consumer Financial Protection Bureau Summer 2016 Legal Intern—Enforcement Division
Cohen Milstein Sellers & Toll PLLC, Summer 2016 Summer Associate
Gupta Wessler PLLC Summer 2015 Summer Associate
New America, Open Markets Program 2011- 2014 Policy Analyst & Reporter
EDUCATION
Yale Law School, J.D., 2017 Honors: Israel H. Peres Prize for best student Note or Comment appearing in the Yale Law Journal Michael Egger Prize for best student Yale Law Journal Note on current social problems Reinhardt Fellow 2016-2017, scholarship for demonstrated commitment to public interest law Activities: Mortgage Foreclosure Litigation Clinic, Student Co-Director Information Society Project, Student Fellow Yale Law Journal, Editor, Vol. 126
Williams College, B.A. magna cum laude with highest honors in political theory, 2010 Honors: Phi Beta Kappa Arthur B. Graves Essay Prize for best essay in Political Science Thesis: “Rethinking (In)action: World Alienation in the Thought of Hannah Arendt” Activities: Editor-in-Chief of The Williams Record, the independent student newspaper
1 Lina M. Khan
ACADEMIC PUBLICATIONS
Digital Platforms, Democracy, and the Antimonopoly Tradition, in DEMOCRACY & THE AMERICAN ANTIMONOPOLY TRADITION (eds. Daniel A. Crane & William J. Novak) (forthcoming 2022)
The End of Antitrust History Revisited, 133 HARVARD LAW REVIEW 1655 (2020)
The Case for “Unfair Methods of Competition” Rulemaking, 87 UNIVERSITY OF CHICAGO LAW REVIEW 357 (2020) (with Rohit Chopra) • Received 2020 Antitrust Writing Award for “Best General Antitrust Academic Article”
A Skeptical View of Information Fiduciaries, 133 HARVARD LAW REVIEW 497 (2019) (with David E. Pozen)
The Separation of Platforms and Commerce, 119 COLUMBIA LAW REVIEW 973 (2019) • Received Jerry S. Cohen Memorial Fund Writing Award for “Best Antitrust Article of 2019 on Remedies”
The Ideological Roots of America’s Market Power Problem, 127 YALE LAW JOURNAL FORUM 960 (2018)
Sources of Tech Platform Power, 2 GEORGETOWN LAW & TECHNOLOGY REVIEW 325 (2018)
The New Brandeis Movement: America’s Antimonopoly Debate, 9 JOURNAL OF EUROPEAN COMPETITION LAW & POLICY 3 (Mar. 2018)
Amazon’s Antitrust Paradox, 126 YALE LAW JOURNAL 710 (2017) • Received 2018 Antitrust Writing Award for “Best Academic Unilateral Conduct Article” • Cited in Erie Insurance Co. v. Amazon.com, 925 F.3d 135, 144 (4th Cir. 2019) (Motz, J., concurring) • Published as chapter in DIGITAL DOMINANCE (Oxford University Press, 2018) • Featured in: Steven Pearlstein, Is Amazon Getting Too Big?, WASH. POST (July 30, 2017); Robinson Meyer, How to Fight Amazon (Before You Turn 29), ATLANTIC MAG. (July 2018); David Streitfeld, Amazon’s Antitrust Antagonist Has a Breakthrough Idea, N.Y. TIMES (Sept. 9, 2018); Rana Foroohar, 'This isn’t just about antitrust. It’s about values,’ FINANCIAL TIMES (Mar. 19, 2019).
Market Power and Inequality, 11 HARVARD LAW & POLICY REVIEW 234 (2017) (with Sandeep Vaheesan)
Arbitration as Wealth Transfer, 35 YALE LAW & POLICY REVIEW 101 (2017) (with Deepak Gupta)
Market Structure and Political Law: A Taxonomy of Power, 9 DUKE JOURNAL OF CONSTITUTIONAL LAW & PUBLIC POLICY 37 (2014) (with Zephyr Teachout)
HONORS
POLITICO 50 (2018); FOREIGN POLICY “Global Thinkers” (2018); THE PROSPECT “Top 50 Thinkers” (2019); WIRED25 (2019); TIME MAGAZINE “Next Generation Leader” (2019); NATIONAL JOURNAL 50 (2019); WASHINGTONIAN 40 Under 40 (2020); TIME MAGAZINE 100 Next (2021)
BAR ADMISSION
New York
2