Democrats Say Antitrust Bills Not Ready for Floor

“We don’t know when it will be ready,” Nadler said. He hopes to get them to the floor “as soon as we’re ready. I can’t be more specific.” House Majority Leader Steny Hoyer, D-Md., told reporters in July the bills need work (see 2107060072). “We don’t bring a bill to the floor until it’s ready,” said Cicilline now, noting subcommittee members are working through issues on both sides. “Everyone has been so focused on reconciliation and the infrastructure bill that some of these meetings haven’t been able to take place yet. So I think once we get through that, we’ll have an intense effort” to inform members about the legislation.

It’s disappointing the proposals haven’t been called up for a vote, said Rep. Matt Gaetz, R-Fla. If there were going to be a vote, the legislation would have hit the floor, he said: “We sit here with this work likely extinguished in its tracks for” one of several “unfortunate reasons.” He questioned House Speaker Nancy Pelosi’s, D-Calif., relationship with Big Tech, particularly Apple CEO Tim Cook. Gaetz referenced articles about stock trading by Pelosi’s husband. Gaetz encouraged Nadler to speak with Pelosi to bring the bills to the floor, even if it means a failed vote, because that would give members a measuring stick. Pelosi’s office didn’t comment.

Cicilline said he’s working closely with subcommittee ranking member Ken Buck, R-Colo., to ensure colleagues understand the bills’ functions. Cicilline wants all members briefed to ensure the votes prevail: “It’s an important priority for all Democrats.”

Buck said in opening remarks he's a “little baffled” by the hearing's focus: labor markets. It’s unclear what specific legislation the hearing will lead to, said Buck. He said he has done his best to work with the chair on Big Tech issues, but the subcommittee’s time would be better spent on infrastructure, reconciliation and other issues. Cicilline, after the hearing, downplayed the suggestion that Buck is departing from the bipartisan dialogue that has fueled the antitrust bills. Buck is focused on passing the bills, said Cicilline.

Commissioner Christine Wilson testified that FTC Chair Lina Khan is abusing her power and making meaningful dialogue among commissioners and between the commission and stakeholders “difficult.” Judiciary ranking member Jim Jordan, R-Ohio, cited her prepared testimony saying Khan is abusing her power in authoritarian fashion. The committee ought to be doing more oversight of the FTC, he said. He listed other complaints from Wilson: Khan “muzzling staff internally and externally,” stifling the flow of records from staff to the commission and giving minimal notice about sweeping policy changes. Khan’s office didn’t comment.

“Bipartisan collegiality” made the FTC “special and powerful,” said Wilson, but those norms and traditions were abandoned under Khan, even though Commissioner Rebecca Kelly Slaughter honored them as acting chair: “It is only with the arrival of Chair Khan that decades of tradition has been thrown out the window to the detriment” of the commission and consumers. She told Jordan she’s “very concerned” about granting the FTC more power under current leadership: “A system can only withstand the force that it is designed to channel, and right now we’re seeing the limits of the force that we can withstand.”

Rep. Cliff Bentz, R-Ore., asked Wilson about her concerns the commission is “shoe-horning” new standards for labor into antitrust policy. The agency needs to focus on preserving competition, said Wilson: Introducing additional antitrust goals reduces the predictability of the law. The FTC is changing how it investigates mergers and acquisitions, including making second requests accessible to all commissioners, the Competition Bureau announced Tuesday (see 2109280046).