In 2017, Lina M. Khan, at the age of 27, published Amazon’s Antitrust Paradox. It said everyone was getting antitrust wrong, and there were other ways giant conglomerates were harming competition. Traditionally, unless the consumer was harmed through short term price fixing, just about anything was allowed to fly. The paper took the legal world by storm, and two years ago, she was nominated, confirmed, and appointed as chair of the Federal Trade Commission.

So largely, someone new, with new ideas, took over a regulatory body that has been coasting along on its lorals. The FTC will now behave non-traditionally, disregarding what has been a very consistent school of thought (defined by Yale Law School professor Robert Bork and University of Chicago Law School professors Richard Posner and Frank Easterbrook) since the 1977 Continental Television v. GTE Sylvania Supreme Court Case redefined the Judicial Systems perspective on anti-trust, neutering the Sherman Act.

In 1978 Robert Bork wrote the book The Antitrust Paradox and Richard Posner wrote Antitrust Law, summarizing the previous decades shift in attitude towards government intervention in the marketplace. Khan believes the those three people influenced the government to become too lenient and hands-off, when it should have been doing more to protect the marketplace from harmful entities that threaten competitiveness.

https://www.yalelawjournal.org/note/amazons-antitrust-parado...