President Biden’s far-reaching 16-page Executive Order released on July 9th is not just about reining in the market power of Big Tech and the healthcare industry, but we are noticing that it empowers the Federal Trade Commission (FTC) Chair to boldly make changes in how these sectors operate. And who is the FTC Chair again? Professor Lina Kahn, the reform-minded professor who is so compelling as an antitrust warrior that both Amazon and Facebook want her recused from any investigations involving them. She kind of reminds us of the Marvel character Black Widow, not so much because she seems like a reformed KGB spy / trained assassin, but because she is a strong, unflappable woman who is capable of doing things that regular people wouldn’t dare. (Fun fact: The new Black Widow movie is out, a story co-written by Jac Schaeffer, another strong woman who happens to be the daughter of Leonard Schaeffer, a longtime titan of healthcare industry and policy leadership.) So Professor Kahn seems poised, with her version of The Avengers on the White House Competition Council, to reconsider the horizontal and vertical merger guidelines that could contain consolidation in the healthcare and technology markets, limit the use of non-compete clauses that may unfairly limit worker mobility, and issue regulations that address data collection that may damage consumer privacy. We are very curious who will play the role of Thor: God of Thunder on Professor Kahn’s Avengers team, but for now, we will watch Chris Hemsworth’s new National Geographic special SharkFest 2021 — you know, just in case it relates to health information policy. You can never be too careful.
July 15, 2021 | 3 min read
July 15, 2021
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