Ms Khan, who is 32, is best known for “Amazon’s antitrust paradox”, an article she wrote in 2016 while a student at Yale Law School. She argues that current interpretations of antitrust—which hold that if consumers benefit from free services then no harm is being done—are insufficient to deal with the power of platforms such as Amazon. The tech giants could use predatory pricing and market control to harm smaller firms.
Two more recent works show just how deeply Ms Khan’s technoscepticism runs. She contributed to a report last year by the House judiciary subcommittee on antitrust, which suggested that trustbusting needs a reboot. She has argued in thefor “structural separations” at big tech companies. She also goes far beyond conventional wisdom in her interpretation of antitrust law’s toolkit.
Breaking up big tech is a popular talking point, advanced by elected officials on both sides of the aisle and by the Open Markets Institute, a once-fringe think-tank where Ms Khan used to work. Perhaps the White House chose Ms Khan in part to please progressives, who are likely to get less from the administration’s infrastructure package than they hoped. Yet many of Ms Khan’s views are also popular with conservatives, who bash big tech firms for their size and stifling of free speech.
According to Mr Levin, the agenda to combat the tech giants’ power will have four fronts. Ms Khan will work with Congress on bills to constrain the power of big tech firms by, for example, banning them from favouring their own services. Second, Ms Khan will collaborate with European regulators, who have led the charge against the tech behemoths. Third, she will launch investigations. And fourth, she will litigate cases against businesses.
Just how aggressively the Biden administration wants to pursue big tech firms should be revealed soon, when the head of the Department of Justice’s antitrust division is named. But the selection of Ms Khan shows that Washington’s view of tech firms has changed since Mr Biden was vice-president. That was another age, back when BlackBerrys—and tech
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