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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices the FTC or state attorneys general from assessing whether Amazon has engaged in a broader pattern of unfair practices in violation of the antitrust laws.
Todays order provides substantial redress to the families victimized by Amazons anticompetitive deception.
However, this cannot be the only action we take to protect workers and families from dominant middlemen. The FTC
will also need to carefully examine whether tech platforms are engaging in anticompetitive conduct that hoodwinks workers and crushes law-abiding competitors.11
The Commission has historically taken a lax approach to worker abuse, entering no-consequences settlements even in naked wage-fixing matters that are criminal in nature.12 Despite broad pronouncements about a commitment to policing markets for anticompetitive conduct that harms workers,13 the FTC
has done little. I hope todays action turns the page on this era of inaction.
I also agree with Acting Chairwoman Slaughter and Commissioner Phillips that preying on workers justifies punitive measures far beyond the restitution provided here, and I believe the FTC should act now to deploy dormant authorities to trigger civil penalties and other relief in cases like this one.14
11 I have previously outlined certain steps that regulators can take to address anticompetitive practices in labor markets. Comment Submission of Commissioner Chopra to Department of Justice Initiative on Labor Market Competition Sept. 18, 2019, https www.ftc.gov/public-statements/2019/
09/comment-submission-commissioner-chopradepartment-justice-initiative-labor.
12 In 2019, the FTC agreed to a no-consequences settlement with respondents charged with blatant wage-fixing. See Dissenting Statement of Commissioner Rohit Chopra In the Matter of Your Therapy Source, Neeraj Jindal and Sheri Yarbray, Fed. Trade Commn File No. 1710134 Oct. 31, 2109, https www.ftc.gov/public-statements/2019/
10/dissenting-statement-commissioner-rohitchopra-matter-your-therapy-source. Respondent Neeraj Jindal was later indicted by the United States Department of Justice. Press Release, U.S. Dept of Justice, Former Owner of Health Care Staffing Company Indicted for Wage Fixing Dec. 10, 2020, https www.justice.gov/opa/pr/former-ownerhealth-care-staffing-company-indicted-wage-fixing.
13 See, e.g., Press Release, Fed. Trade Commn, FTC and DOJ Release Guidance for Human Resource Professionals on How Antitrust Law Applies to Employee Hiring and Compensation Oct. 20, 2016, https www.ftc.gov/news-events/
press-releases/2016/10/ftc-doj-release-guidancehuman-resource-professionals-how.
14 Under its status quo approach, the FTC does not seek civil penalties for this type of abuse. But this can change. In the short term, the Commission can deploy its Penalty Offense Authority to apprise market participants, using existing administrative orders, that it is a penalty offense to recruit workers based on false earnings claims. See Rohit Chopra &
Samuel A.A. Levine, The Case for Resurrecting the FTC Acts Penalty Offense Authority Oct. 29, 2020, https papers.ssrn.com/sol3/papers.cfm?abstract_
id=3721256. The Commission can also codify
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Companies should succeed only when they compete, not when they cheat or abuse their power. While Amazon.com is one of the largest, most powerful, and most feared firms in the world, the company cannot be above the law.
Regulators and enforcers in the United States and around the globe can no longer turn a blind eye.
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
OMB Control No. 90000142; Docket No.
20210053; Sequence No. 4

Information Collection; Past Performance Information Department of Defense DOD, General Services Administration GSA, and National Aeronautics and Space Administration NASA.
ACTION: Notice and request for comments.
AGENCY:

In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget OMB regulations, DoD, GSA, and NASA invite the public to comment on a revision and renewal concerning past performance information. DoD, GSA, and NASA invite comments on:
Whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through April 30, 2021. DoD, GSA, and NASA
propose that OMB extend its approval
SUMMARY:

existing precedent into a Restatement Rulemaking to trigger penalties and damages for this type of fraud. See Statement of Commissioner Rohit Chopra Regarding the Report to Congress on Protecting Older Consumers, Fed. Trade Commn File No.
P144400 Oct. 19, 2020 https www.ftc.gov/publicstatements/2020/10/statement-commissioner-rohitchopra-regarding-report-congress-protecting. Such a rule would impose no burden on market participants, while ensuring real deterrence for practices that undercut workers and competitors.

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for use for three additional years beyond the current expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by April 12, 2021.
ADDRESSES: DoD, GSA, and NASA
invite interested persons to submit comments on this collection through http www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. If there are difficulties submitting comments, contact the GSA
Regulatory Secretariat Division at 202
5014755 or GSARegSec@gsa.gov.
Instructions: All items submitted must cite OMB Control No. 90000142, Past Performance Information.
Comments received generally will be posted without change to http
www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comments, please check www.regulations.gov, approximately two-to-three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT:
Zenaida Delgado, Procurement Analyst, at telephone 2029697207, or zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and any Associated Forms 90000142, Past Performance Information.
B. Need and Uses This clearance covers the information that offerors and contractors must submit to comply with the following Federal Acquisition Regulation FAR
requirements:
Preaward. For responses during source selection.
FAR 15.305a2ii. This section requires solicitations describe the approach for evaluating past performance, including evaluating offerors with no relevant performance history, and providing offerors an opportunity to identify past or current contracts including Federal, State, and local government and private for efforts similar to the Government requirement.
Solicitations also must authorize offerors to provide information on problems encountered on their identified contracts and the offeror corrective actions. Per FAR 15.304c3, past performance must be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold SAT unless the contracting
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