FTC’s Phillips: Some Antitrust Litigation Slowing Down, Investigations Active
Some antitrust litigation is slowing down due to COVID-19, but antitrust enforcers are “very much” still investigating, FTC Commissioner Noah Phillips said Tuesday. He told a Politico webcast that merger and acquisitions filings have decreased. He said the agency is handling the pandemic “as best we can,” moving its Hart-Rodino-Scott M&A reviews to an online program (see 2003270059). The agency is “steady as she goes,” he said, noting a joint statement with DOJ warning of criminal liability for antitrust enforcement: “We’re very much still here.”
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”The FTC isn’t relaxing its guard, Phillips said, addressing Chairman Joe Simons’ recent comment that the agency would be reasonable and flexible in terms of enforcement during the pandemic. The commission will take into account through statutory discretion whether companies are providing products and services in good faith, he said.
Asked about price-gouging scams, the commissioner noted the FTC doesn’t have a price-gouging statute, though some state enforcers do. He called it an “appalling” practice that DOJ has criminal authority to go after. The FTC is working with DOJ on that, he said. He noted his agency’s collaboration with the FCC on robocall and other scammers, though reports have declined.
Rep. Ro Khanna, D-Calif., welcomed Apple and Google collaboration to develop an interoperable smartphone app for COVID-19 contact-tracing (see 2004100037). It’s important the app is voluntary and requires users to download it to consent, he told reporters Tuesday. The platform involves anonymized data and requires consent for the types and uses of that data, he noted, saying it’s important for privacy to be built into the platform. Government shouldn’t tell people how data is going to be handled during the pandemic, he said.
The White House Office of American Innovation has been in touch with American tech companies about solutions, Khanna said, noting his discussions with Silicon Valley. Tech companies want to be apolitical and are open to communication with the White House, House Speaker Nancy Pelosi, D-Calif., and all members of Congress, Khanna said.
Khanna identified 5G as an opportunity for startup activity to emerge post-crisis, saying government investment can trigger new startups. He said he’s working with Pelosi to ensure future stimulus bills benefit small startups. Silicon Valley has pulled through previous economic downturns, he said, and new companies emerge.
The lawmaker suggested the Treasury Department get in touch with blockchain and payment companies like Square and Stripe to facilitate faster stimulus payments. Khanna said Silicon Valley tech can work for government at all levels during the pandemic.