-Caveat Lector-

http://tompaine.com/feature.cfm?ID=5015

Attempted Coup At Federal Trade Commission
One Commissioner Deplores ''Private 'Horse-Trading'''

Steven Rosenfeld is an audio producer and reporter for TomPaine.com.

Reporters waited and waited on Thursday, January 17 for the appearance of
Federal Trade Commission Chairman Timothy Muris, but he never showed. Muris
had been set to make an important announcement that was suddenly called off:
the FTC would shift its longstanding responsibility for overseeing corporate
mergers to the Department of Justice.

But just before the scheduled announcement, FTC Commissioner Mozelle W.
Thompson released a strongly worded statement objecting to the change. He
said the agreement would "deprive consumers of the benefit of the
Commission’s independence, expertise, and knowledge," particularly in the
field of media mergers and "dynamic 'new economy' industries" that present
"novel" antitrust issues.

In other words, the Bush administration wants less-stringent, narrower
oversight of mega-mergers and so will shift authority from the FTC to DOJ,
which is more susceptible to political manipulation.

Thompson deplored what he called "private 'horse trading'" between Bush
administration appointees at the FTC chairman and DOJ. "Chairman Muris failed
to consult with, or provide meaningful opportunity for, other Commissioners
to proved any input. In fact, I was not even provided with a copy of the
completed Agreement until immediately before Chairman Muris executed the
Agreement on behalf of the Commission."

"This is an example of the kinds of permutations that the Bush administration
will go through to help big business," said Jeff Chester, a public interest
activist who follows media issues at the Center for Media Education. "I'm not
saying Clinton was different. But this administration wants to give big
business a free pass."

The Federal Trade Commission is an agency that most Americans never deal
with. But it has anti-trust jurisdiction over merger-happy American
corporations, including the media companies that deliver content to millions
of people. AOL and Time-Warner, Microsoft, Sony, Random House -- all these
companies have come before the FTC when they had merger plans. And as in the
case of AOL-Time-Warner, the FTC gave the go-ahead, but the fine print of its
ruling showed at least some sensitivity to small-and-medium size businesses,
and the need for competition in the field.

The by-the-books Department of Justice, however, especially its anti-trust
division, isn’t as sensitive to these concerns -- which is why big businesses
apparently wanted DOJ to assume greater anti-trust jurisdiction.

It’s no secret the Bush White House wants to please its corporate
constituents. Look at the tax cuts in the House-passed economics stimulus
plan. Look at what’s about to unfold before the Federal Communications
Commission, where Bush’s appointed chairman, Micheal Powell, is poised to
deregulate media ownership restrictions, on the one hand, while adopting new
regulations giving cable companies permission to limit Web surfers’ "open
access" to the Internet.

True to form, the Bush administration wants to muscle the FTC out of the
oversight business. It wants to unilaterally shift scrutiny of major
anti-trust activities, without approval of FTC commissioners or the Congress,
to the more politically attuned Justice Department. And if anybody thinks DOJ
doesn’t operate with strings attached, consider the revolving door that
ushered many top anti-trust officials in the Clinton DOJ into the executive
ranks of the very companies they were charged with regulating while in
government.

According to the rumor mill, Thursday’s coup at the FTC was called off, for
now, because one very irate U.S. senator called the Attorney General and told
him to shut it down. Another rumor says the transfer is still a go, but that
a Senate committee will first hold hearings. Stay tuned.


Published: Jan 18 2002



Related Articles:


The Angry Commissioner
Statement Of FTC Commissioner Mozelle W. Thompson

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