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lina khan
Lina Khan Calls Republican FTC's Decision to Drop PepsiCo Suit 'Disturbing Behavior'
"This meritless dismissal is a win for monopolists and billionaires," said the senior legal counsel for the American Economic Liberties Project.
May 23, 2025
The U.S. Federal Trade Commission on Thursday dismissed a price discrimination lawsuit against the drink and food giant PepsiCo, a move that former FTC Chair Lina Khan, who served under former President Joe Biden, called "disturbing behavior."
The lawsuit, filed only a few days before U.S. President Donald Trump returned to the White House, accused PepsiCo of providing a big box retailer customer, Walmart, with pricing advantages, while increasing prices for competing customers and retailers.
"This lawsuit would've protected families from paying higher prices at the grocery store and stopped conduct that squeezes small businesses and communities across America," Khan wrote on X on Thursday. "Dismissing it is a gift to giant retailers as they gear up to hike prices."
The three members of the FTC, all Republicans, voted 3-0 to drop the suit. Current FTC Chair Andrew Ferguson, who was named chairman by Trump, cast the lawsuit as a "nakedly political effort to commit this administration to pursuing little more than a hunch that Pepsi had violated the law." He also said that the FTC under Biden "rushed to authorize the case." Ferguson also opposed the lawsuit when the FTC first voted to pursue it.
Antimonopoly groups were quick to criticize Thursday's move.
"This meritless dismissal is a win for monopolists and billionaires," said Lee Hepner, senior legal counsel at the American Economic Liberties Project, in a statement on Thursday. "Adding insult to injury, the agency dropped the case just one day before the parties were due to justify extensive redactions in the complaint, denying the public the ability to review the facts and judge the merits for themselves. This is a corporate pardon for Walmart and PepsiCo."
Open Markets legal director Sandeep Vaheesan said the move illustrates that despite their rhetoric, the current FTC commissioners are "not willing to faithfully apply the law enacted by Congress."
Stacy Mitchell, co-director at the Institute for Local Self-Reliance, which is an advocate for independent businesses, called it "effectively an endorsement of the predatory tactics Walmart uses to crush local grocery sores, create food deserts, and drive up prices."
The agency had sued PepsiCo under the Robinson-Patman Act, a 1936 law intended to prevent price discrimination but has been little used in recent decades.
The announcement of the dropped lawsuit came the same day it was reported that the FTC is investigating the progressive watchdog group Media Matters for America over potential coordination with other groups, including the Global Alliance for Responsible Media, which was a World Federation of Advertiser initiative. Media Matters president Angelo Carusone confirmed in a statement to Axios that the investigation is over claims Media Matters and other groups coordinated advertising boycotts of the social media site X.
X's owner, billionaire Elon Musk, who has played a core role in the Trump administration, has ongoing lawsuits against both the World Federation of Advertisers and Media Matters.
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Lina Khan Accuses Trump FTC of Trying to Let Oil Exec 'Off the Hook' for Price Gouging Scandal
As FTC chair, Khan stopped a fossil fuel CEO from "cashing in and joining Exxon's board," said one lawmaker. "Now, with Trump bending to the whims of Big Oil, he's considering overturning that punishment."
May 06, 2025
"So much for America First," said one progressive lawmaker on Monday regarding the Federal Trade Commission's new push to reverse a ban on two fossil fuel CEOs from serving on the boards of ExxonMobil and Chevron—the oil giants that were acquiring their companies.
The FTC is accepting public comments until May 12 on a petition filed by former Pioneer National Resources CEO Scott Sheffield, which would set aside the Biden administration's consent order; finalized days before President Donald Trump took office, that barred Sheffield from serving on Exxon's board.
The order also applied to John Hess, CEO of Hess Corp., which was being acquired by Chevron.
Then-FTC Chair Lina Khan barred the CEOs from becoming board members over concerns that they would collude with representatives of the Organization of Petroleum Exporting Countries (OPEC) to ensure Americans continued paying high oil prices.
Sheffield and Hess both communicated with OPEC officials, including "the past and current secretaries general" of the organization "and an official from Saudi Arabia," according to an FTC probe under the Biden administration.
The two executives and their companies denied the allegations. Republican members of the FTC at the time voted against Khan's ban on the board positions, claiming it overstepped the agency's authority.
But on Monday, Khan urged those who oppose oil price fixing by energy giants to submit public comments on the Trump administration's "proposal to release Sheffield from accountability."
"The FTC is now trying to let this oil executive off the hook," said Khan, a law professor at Columbia University.
Exxon, the largest U.S. oil company, bought Pioneer in a $59.5 billion deal last year. Chevron's purchase of Hess for $53 billion is currently pending during arbitration proceedings.
The FTC's investigation last year found that Sheffield communicated with OPEC about cutting oil production and driving up consumer prices while publicly blaming government policies. One analysis found such price fixing schemes by corporations were to blame for 27% of the inflation spike that American families faced in 2021.
Sheffield pushed to "keep gas prices high so his shareholders could make even more money," said Rep. Mark Pocan (D-Wis.) on Monday. "Lina Khan's FTC prevented him from cashing in and joining Exxon's board. Now, with Trump bending to the whims of Big Oil, he's considering overturning that punishment."
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Amid Trump Tariff Chaos, DOGE 'Minions' Infiltrate Federal Trade Commission
"Corporations get let off the hook, Musk gets insider information, and the American people get hosed."
Apr 04, 2025
The latest U.S. agency in the crosshairs of billionaire Elon Musk's Department of Government Efficiency is reportedly the Federal Trade Commission, an already-understaffed department tasked with preventing monopolistic practices and shielding consumers from corporate abuses.
Axiosreported Friday that at least two DOGE staffers "now have offices at" the FTC. According toThe Verge, two DOGE members "were spotted" at the agency's building this week and "are now listed in the FTC's internal directory."
The Verge noted that the FTC is "a fairly lean agency with fewer than 1,200 employees," a number that the Trump administration has already cut into with the firing of some of the department's consumer protection and antitrust staff.
At least two of Musk's companies, Tesla and X, have faced scrutiny in recent years from the FTC, which is now under the leadership of Trump appointee Andrew Ferguson, who previously pledged to roll back former chair Lina Khan's anti-monopoly legacy.
Emily Peterson-Cassin, corporate power director at the Demand Progress Education Fund, which referred to the operatives as Musk's "minions," said Friday that "DOGE is yet again raiding a federal watchdog tasked with protecting working Americans from Wall Street and Big Tech."
"The FTC has worked to stop monopolistic mergers that would have led to higher grocery prices and is now gearing up to go to court against Meta's social media monopoly," said Peterson-Cassin. "It's no surprise that at this moment, while the economy is in freefall and fraud is on the rise, DOGE is choosing to raid the federal watchdog that protects everyday Americans and threatens corporate monopolies and grifters."
News of DOGE staffers' infiltration of the FTC came as Trump's sweeping new tariffs continued to cause global economic turmoil and heightened concerns that companies in the U.S. will use the tariffs as a new excuse to jack up prices and pad their bottom lines.
Ferguson pledged in a social media post Thursday that under his leadership, the FTC "will be watching closely" to ensure companies don't view Trump's tariffs "as a green light for price fixing or any other unlawful behavior."
But Trump has hobbled the agency—and prompted yet another legal fight—by firing its two Democratic commissioners, a move that sparked fury and has already impacted the FTC's ability to pursue cases against large corporations.
Peterson-Cassin said Friday that "the only winners" of DOGE's targeting of the FTC "are Trump's billionaire besties like [Meta CEO] Mark Zuckerberg and especially Musk, who now stands to gain access to confidential financial information about every company ever investigated by the FTC, including the auto manufacturers, aerospace firms, internet providers, tech companies, and banks that directly compete with his own companies."
"Corporations get let off the hook, Musk gets insider information, and the American people get hosed," Peterson-Cassin added.
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