Federal Trade Commission (FTC) Chair Lina Khan and her Democratic colleagues on the FTC board recently approved an “omnibus resolution” which could increase the number of businesses forced to waste time and money “proving” to the agency and the Federal courts that their actions are not “anti-competitive.” The resolution allows FTC staffers to initiate investigations with the approval of only one commissioner, as opposed to a majority of the FTC board. A single commissioner only has to prove that the investigation concerns potentially illegal “collusive and coordinated conduct“ as well as proposed mergers, acquisitions, and related transactions. Similar resolutions were adopted in July and October of 2021, including cases involving Lina Khan’s Bête noires: “big tech,” hospitals, the pharmaceutical industry, and any other industry she decides to single out for “special attention.”
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