Facebook asks for recusal of FTC head in antitrust probes.
The surge came after a judge dismissed two anti-trust lawsuits by the Federal Trade Commission.WASHINGTON -- Facebook is asking that the new head of the Federal Trade Commission step away from decisions on whether to continue the agency's antitrust case against the social network giant, asserting that past public criticism of the company’s market power makes it impossible for her to be impartial.
It's not known how internal FTC rules on conflict of interest might be interpreted in this case. On the face of it, though, “the fact that has a point of view and has expressed it forcefully is not a basis for recusal," said Stephen Gillers, a law professor at New York University who is an expert on ethics.
The requests from Facebook and Amazon come as the four tech giants fall under extreme scrutiny and legislative pressure from the FTC, the Justice Department, European regulators, lawmakers in Washington, and, most recently, from an executive order from the White House. Facebook said it was making the request “to protect the fairness and impartiality" of the agency's antitrust proceedings. “Chair Khan has consistently made well-documented statements about Facebook and antitrust matters that would lead any reasonable observer to conclude that she has prejudged the Facebook antitrust case brought by the FTC," the company said in a statement.
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