With Big Tech under more and more scrutiny on Capitol Hill, and Federal Trade Commission Chairwoman Lina Khan signaling an era of tough antitrust enforcement, legal experts are warning in-house lawyers to build strategies now to navigate business-skeptical regulators.

Khan has made a name for herself advocating for stricter regulation of big technology companies. However, even before Khan took the reins, the FTC was taking a harder stance with Big Tech.

Pillsbury Finance counsel Brian Montgomery, a former New York State regulator, said he expects the Khan-led agency to flex its muscle through enforcement actions, rather than formal rule updates, at least early on. That gives it maximum flexibility as the agency charts its long-term strategy, he said.

“Many regulatory agencies that have prosecutorial authority tend to take the attitude of wanting to leave their options open, and not to box themselves in,” Montgomery added.

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