Out with the Old Rules and in with…Something?
Way back in late January, I wrote a piece called “Lina’s Lingering Legacy?” Lina Khan—at that time, Commissioner Khan, and the week before that, Chair Khan—had not yet left the Federal Trade Commission (FTC) building. But she had been replaced as chair by presidential fiat (as per Section 1 of the FTC Act) and she had announced that she would leave the FTC by close of business Jan. 31.
And she did, in fact, depart Jan. 31. But I had gotten ahead of myself, at least a little. There were matters afoot, and in court, and Khan’s track record slid a bit further during her last week at the commission. The same day that Khan departed the commission, Judge Charles Eskridge of the U.S. District Court for the Southern District of Texas denied the FTC’s motion for a preliminary injunction against Tempur Sealy’s acquisition of Mattress Firm.