They are implicated in complaints that Facebook has aided the rise of “fake news” while draining readers and revenue from legitimate news media. They are also at the heart of the long-running battle in the telecom industry over net neutrality and the ability of cable companies and Internet service providers to give favorable treatment to their own content. The same issues lie behind the European Union’s recent $2.7 billion fine against Google for favoring its own services in the search results it presents to its users. It’s not just Amazon, however, that animates concerns about competition and market power, and Khan is not the only one who is worrying. The retail juggernaut was days from announcing its $13.8 billion purchase of Whole Foods, a deal that would not only roil the grocery industry but also trigger a government antitrust investigation into the strategies and practices of the “Everything Store.” And, as Zapolsky was no doubt aware, no organization had been more dogged in raising those concerns than New America - and, in particular, a 28-year-old law student named Lina Khan.Įarlier this year, the Yale Law Journal published a 24,000-word “note” by Khan titled “ Amazon’s Antitrust Paradox.” The article laid out with remarkable clarity and sophistication why American antitrust law has evolved to the point that it is no longer equipped to deal with tech giants such as, which has made itself as essential to commerce in the 21st century as the railroads, telephone systems and computer hardware makers were in the 20th. (Illustration by Paul Reid for The Washington Post)Īmazon’s general counsel, David Zapolsky, had a lot on his mind last month when he and four members of his legal team visited the offices of New America, a liberal-leaning think tank in Washington.
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