I’ve spent the summer mostly offline w/ my newborn, but I’ve still been immersed in & moved by the momentous challenges our country has been confronting. So, as I come back online, I want to share some thoughts & questions about the @FTC’s role & how we can be #antiracist. 1/14
I’ve advocated for stronger #enforcement of our #ConsumerProtection laws to address racial inequities affecting Black communities— some examples include predatory lending and sales practices; 2/14 ftc.gov/public-stateme…
#Discrimination in auto financing; 3/14 ftc.gov/public-stateme…
And #AI. We can & must do more w/ our consumer protection tools to prioritize addressing inequity. 4/14 ftc.gov/public-stateme…
But I don't think there has been nearly enough discussion about whether our #antitrust laws can play a role in racial equity. I think the answer is YES! #Antitrust can and should be #antiracist. 5/14
#Antitrust is about ensuring fair #opportunity for all competitors to the benefit of #consumers. As long as Black-owned businesses & Black consumers are systematically underrepresented and disadvantaged, we know our markets are not fair. We need to fix these inequities. 6/14
There’s precedent for using antitrust to combat racism. E.g., South Africa considers #racialequity in #antitrust analysis to reduce high economic concentration & balance racially skewed business ownership. 7/14 competitionpolicyinternational.com/south-africa-c…
Even though we are working with different laws, as #antitrust enforcers in the US we can still use the tools we have to contribute to creating a more equitable and #antiracist economy. 8/14
Specifically, we can strategically deploy our existing tools to address mergers and conduct that contribute to the systematic disadvantages facing Black consumers and Black-owned businesses. 9/14
First, we must affirmatively look for the competitive effects on #consumers that are economically disadvantaged because of centuries of #racism. 10/14
Second, antitrust enforcers should intervene strategically to address the decline of Black businesses as a direct result of #anticompetitive M&A activity and anticompetitive conduct. 11/14
Beyond deploying resources to prioritize investigations that address systemic racism, the @FTC should consider whether there are opportunities to use our competition #rulemaking authority to address racist practices. 12/14
It is perfectly appropriate for us to use our existing #antitrust #enforcement tools, wherever possible, to right the wrongs of systemic racism. Indeed, I believe that it is our responsibility to do so. 13/14
I hope the entire #antitrust community will take responsibility for furthering the conversation about how antitrust law & #competition policy can help to make our nation and our economy more equitable and just. 14/14

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More from @RKSlaughterFTC

16 Mar
With skyrocketing drug prices and ongoing anticompetitive conduct in the pharma industry, we need to revamp our approach to pharma mergers. Today the @FTC announced a joint project with our counterparts across the country and the globe to do just that. ftc.gov/news-events/pr…
The @FTC's longstanding practice in pharma mergers tends to address one important competitive angle: overlaps in products and pipeline products between the merging parties. But I have long been concerned that this approach does not capture all the effects of these deals.
A concern that we need to broaden our analysis and approach motivated my dissent in BMS-Celgene... ftc.gov/public-stateme…
Read 8 tweets
10 Nov 20
ICYMI, the @FTC proposed a settlement addressing allegations that @zoom_us undermined the #security and #privacy of its users. I dissented because the settlement failed to recognize and solve for the privacy implications of the security failures at issue. ftc.gov/public-stateme…
Too often we treat data security and privacy as distinct concerns that can be separately
preserved. In reality, protecting a consumer’s privacy and providing strong data security are
closely intertwined, and when we solve only for one we fail to secure either.
This case provides a perfect example of how things that might seem superficially to be security failures (here, encryption levels and overriding 3rd-party security features) are really about privacy as well.
Read 10 tweets
27 Oct 20
America's workers are under siege on many fronts; they need the protection of our labor laws more than ever, but the Trump admin is pushing through an 11th hour rule that will make things worse not better. I urged them to stop. ftc.gov/public-stateme…
Some more detail on the rule can be found in this @EricLiptonNYT story: nytimes.com/2020/10/16/us/…
My objections to the Rule and the deficiencies of the record are in my comment, but the tl;dr version is that the rule is not only bad for labor, it's also bad for competition; it's built on a record that doesn't adequately consider those issue; and it should go. Specifically:
Read 10 tweets
24 Jul 19
Today the @FTC announced its settlement with @facebook. I voted no, as did @chopraftc. The majority explained its decision in a statement, and we both wrote dissents - all long, but worth reading (as is the order itself). Links below. First, a more concise version of my views.
I voted no b/c I do not believe either the money or the injunctive relief will ensure accountability or that @facebook changes how it treats user data. And the release of liability is not justified.
We shouldn't analyze the settlement terms against prior settlements; we should analyze them against the specific facts in this case. On that metric, the settlement falls short.
Read 10 tweets
13 May 19
It was a good day for consumers and for antitrust law in the Supreme Court (a sentence I can say all too rarely). Below is a brief thread of some of my favorite lines from the decision in Apple v. Pepper. supremecourt.gov/opinions/18pdf…
(but first, a reminder that I wrote about how this outcome was the correct and logical way to resolve this case back in December.) nytimes.com/2018/12/12/opi…
"The broad text of §4 [of the Clayton Act]—“any person” who has been “injured” by an antitrust violator may sue—readily covers consumers who purchase goods or services at higher-than-competitive prices from an allegedly monopolistic retailer."
Read 16 tweets
24 Aug 18
As promised, here’s the long version of my perspective on @mattstoller’s thought provoking commentary on Speedway. 1/
First - our enforcement does not happen in a vacuum, nor do we have a universe of perfect choices. There was no dispute that Speedway screwed up its compliance with the original order, and that was unacceptable. 2/
I certainly don’t think, and the majority opinion does not suggest, that Speedway’s behavior was “fine.” The question was how bad was it and what do we do about it. 3/
Read 19 tweets

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