J’ai sauté de joie quand j’ai appris que Lina Khan, une de mes idoles politiques, participait au plus haut niveau à l’équipe de transition de Zohran Mamdani. Je vois ici que Cory Doctorow est dans le ême état que moi.
J’aimerais tant publier un livre avec Lina Khan sur ce que sont les monopoles aujourd’hui, sur quels critères les repérer et les démonter.
Today’s links
Zohran Mamdani’s world-class photocopier-kicker: Lina Khan has plans for New York City.
A nighttime scene in Times Square in the 1960s, with the Camel ad replaced with a Zohran Mamdani ad. In the foreground the Statue of Liberty is kicking a photocopier.
Zohran Mamdani’s world-class photocopier-kicker (permalink)
The most exciting thing about Biden’s antitrust enforcers was how good they were at their jobs. They were dead-on chapter-and-verse on every authority and statute available to the administrative branch, and they set about in earnest figuring out how to use those powers to help the American people:
▻https://www.eff.org/de/deeplinks/2021/08/party-its-1979-og-antitrust-back-baby
It was a remarkable contrast from the default Democratic Party line, which is to insist that being elected gives you no power at all, because of filibusters or Republicans or pollsters or decorum or billionaire donors or Mercury in retrograde. It’s also a remarkable contrast from Republicans, whose approach to politics is “fuck you, we said so, and our billionaires have showered the Supreme Court in enough money to make that stick.”
But under Biden, the trustbusters that had been chosen and fought for by the Warren-Sanders wing of the party proved themselves to be both a) incredibly principled; and b) incredibly skilled. They memorized the rulebook(s) and then figured out what they needed to do to mobilize those rules to makes Americans’ lives better by shielding them from swindlers, predators and billionaires (often the same person, obvs).
They epitomized the joke about the photocopier repair tech, who comes into the office, delivers a swift kick to the xerox machine, and hands you a bill for $75.
“$75 for kicking the photocopier?”
“No, it’s $5 to kick the photocopier, and $70 for knowing where to kick it.”
▻https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff
One of Biden’s best photocopier kickers was and is Lina Khan. She embodies the incredible potential of a fully operational battle-station, which is to say that she embodies the awesome power of a skilled technocrat who is also deeply ethical and genuinely interested in helping the public. Technocrats get a bad name, because they tend to be empty suits like Pete Buttigieg, who either didn’t know what powers he had, or lacked the courage (or desire) to wield them:
▻https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge
But another way of saying “technocrat” is “someone who is very good at their job.” And that’s Khan.
You’ll never guess what Khan is doing now: she’s co-chairing Zohran Mamdani’s transition team!
▻https://www.theguardian.com/commentisfree/2025/nov/12/yes-new-york-will-soon-be-under-new-management-but-zohran-mamdani-is-ju
Khan’s role in the Mamdani administration will be familiar to those of us who cheered her on at the Federal Trade Commission: she is metabolizing the rules that define the actions that mayors are allowed to take, figuring out how to use those actions to improve the lives of working New Yorkers, and making a plan to combine the former with the latter to make a real difference:
▻https://www.semafor.com/article/11/12/2025/lina-khans-populist-plan-for-new-york-cheaper-hot-dogs-and-other-things
Front and center is the New York City Consumer Protection Law of 1969, which contains a broad prohibition on “unconscionable” commercial practices:
▻https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2404&context=mjlr
There are many statute books that contain a law like this. For example, Section 5 of the Federal Trade Commission Act bans “unfair and deceptive” practices, and this rule is so useful that it was transposed, almost verbatim, into the statute that defines the Department of Transportation’s powers:
▻https://pluralistic.net/2023/01/16/for-petes-sake/#unfair-and-deceptive
Now, this isn’t carte blanche for enforcers to simply point at anything they don’t like and declare it to be “unconscionable” or “unfair” or “deceptive” and shut it down. To use these powers, enforcers must first “develop a record” by getting feedback from the public about the problem. The normal way to do this is through “notice and comment,” where you collect comments from anyone who wants to weigh in on the issue. Practically speaking, though, “anyone” turns out to be “lawyers and lobbyists working for industry,” who are the only people who pay attention to this kind of thing and know how to navigate it.
When Khan was running the FTC, she launched plenty of notice and comment efforts, but she went much further, doing “listening tours” in which she and her officials and staff went to the people, traveling the country convening well-attended public meetings where everyday people got to weigh in on these issues. This is an incredibly powerful approach, because enforcers can only act to address the issues in the record, and if you only hear from lawyers and lobbyists, you can only act to address their concerns.
Remember when Mamdani was on the campaign trail and he went out and talked to street vendors about why halal cart food had gotten so expensive? It turns out that halal cart vendors each have to pay tens of thousands of dollars to economic parasites who’ve cornered the market on food cart licenses, which they rent out at exorbitant markups to vendors, who pass those costs on to New Yorkers every lunchtime:
▻https://documentedny.com/2025/11/04/halal-food-trucks-back-mamdani
That’s the kind of thing Khan did when she was running the FTC, identifying serious problems, then seeking out the everyday people best suited to describing how the underlying scams hurt, and how they harmed everyday people:
▻https://pluralistic.net/2024/07/24/gouging-the-all-seeing-eye/#i-spy
Khan’s already picked out some “unconscionable” practices that the mayor has “standalone authority” to address: everything from hospitals that price gouge on over-the-counter pain meds to sports stadiums that gouge fans on hot dogs and beer. She’s taking aim at “algorithmic pricing” (when companies use commercial surveillance data to determine whether you’re desperate and raise prices to take advantage of that fact) and junk fees (where the price you pay goes way up at checkout time to pay for a bunch of vague “services” that you can’t opt out of).
This is already making all the right people lose their minds, with screaming headlines about how this will “deliver a socialist agenda”:
▻https://web.archive.org/web/20251114230206/https://nypost.com/2025/11/14/us-news/zohran-mamdanis-transition-leader-lina-khan-seeks-more-power-for-him
In a long-form interview with Jon Stewart, Khan goes deep on her regulatory philosophy and the way she’s going to bring the same fire she brought to the most effective FTC since the Carter administration to Mamdani’s historic administration of New York City, a municipality with a population and economy that’s larger than many US states and foreign nations:
▻https://www.youtube.com/watch?v=vRJWM_3OW2Y
One important aspect of Khan’s work that she is always at pains to stress is deterrence. When an enforcer acts against a company that is scamming and preying upon the public, their private finances and internal communications become a matter of public record. Employees and executives have to be painstakingly instructed and monitored so that they don’t say anything that will prejudice their cases. All this happens irrespective of the eventual outcome of the case.
Remember: we’re at the tail end of a 40-year experiment in official tolerance and encouragement for monopolies and corporate predation. Those lost generations saw the construction of a massive edifice of bad case-law and judicial intuition. Smashing that wall won’t happen overnight. There will be a lot of losses. But when the process is (part of) the punishment, the mere existence of someone like Khan in a position of power can terrify companies into being on their best behavior.
As MLK put it, “The law can’t make a man love me, but it can stop him from lynching me, and that’s pretty important.”
The oligarchs that acquired their wealth and power by ripping off New Yorkers will never truly believe that working people deserve a fair shake – but if they’re sufficiently afraid of the likes of Khan, they’ll damned well act like they do.
(Image: lee, CC BY-SA 4.0, modified)
