Andrew Ferguson to bring ‘substantive change’ to FTC after Khan
President-elect Donald Trump has announced the appointment of andrew Ferguson as the new chair of the Federal Trade Commission (FTC), succeeding Lina Khan.This decision ends speculation about Khan’s continuation, known for her aggressive regulatory tactics that elicited criticism from many Republicans yet garnered support from some factions within the MAGA community. Trump praised Ferguson, highlighting his commitment to addressing Big Tech censorship adn advocating for free speech. Ferguson’s background as an antitrust litigator is noted, and he is expected to bring a more traditional approach to merger reviews, focusing on actual competition issues rather than broadly opposing mergers as Khan did.Former FTC commissioner Maureen Ohlhausen expects Ferguson’s tenure to signify a “substantive change,” emphasizing a return to regulatory norms in line wiht established antitrust laws.
Trump FTC pick Andrew Ferguson will bring ‘substantive change’ after Lina Khan
President-elect Donald Trump has ended speculation that he could keep the FTC‘s controversial chairwoman on board, but the agency may not change as much as some critics hoped.
Trump has named FTC commissioner Andrew Ferguson to replace Lina Khan, whose aggressive tactics drew the ire of establishment Republicans but won her friends in MAGA world.
“Andrew has a proven record of standing up to Big Tech censorship and protecting Freedom of Speech in our Great Country. Sworn in as a Commissioner on April 2, 2024, he will be able to fight on behalf of the American People on Day One of my administration,” Trump posted on Truth Social. “Andrew will be the most America First and pro-innovation FTC Chair in our Country’s History.”
Khan, 35, is the youngest person ever to lead the FTC and the face of the hipster antitrust movement. While she will give up the post when Trump takes office on Jan. 20, her aggressive stance toward trade regulation and battles with Big Tech may not be completely scrapped.
Trump noted that Ferguson was an antitrust litigator at several Washington, D.C., law firms and named another lawyer with an antitrust background, Mark Meador, to be an FTC commissioner as well.
Meador will need Senate confirmation, but because Ferguson is already on the commission, he can take over as chairman on Day One of Trump’s term.
“It will be a substantive change, with a return to regular order on merger reviews,” former FTC commissioner Maureen Ohlhausen told the Washington Examiner. “Rather than using the process as a way to deter mergers overall, [Ferguson should] be more focused on whether a merger actually reduces competition in the way the statute requires.”
Khan was accused by critics of opposing all mergers, racking up a 0-4 record in merger trials, whereas FTC watchers expect Ferguson to be more measured.
“Ferguson has expressed an interest in using current antitrust laws robustly,” Ohlhausen added. “He will use the tools that Congress has given in the Clayton Act and the Sherman Act, with less of an interest in trying to come up with super broad interpretations of, say, unfair methods of competition.”
Gary Shapiro, CEO of the Consumer Technology Association, praised the Ferguson nod.
“In meeting with Ferguson a few months ago, I left thinking he would be a wonderful FTC Chairman,” Shapiro said. “He will restore trust, morale, and business savvy to the FTC. I know we won’t agree on everything, but I am 100% confident he will restore the high regard, bipartisan inclusion in decisions, and credibility of this fallen star.”
But Ferguson will not be a 180-degree switch from Khan.
He’s expected to take a similarly skeptical view of Big Tech, a factor that helped win over Sen. Josh Hawley (R-MO) during his confirmation hearings.
Ferguson reacted to the news with a social media post promising to get tough on technology firms.
“At the FTC, we will end Big Tech’s vendetta against competition and free speech,” he wrote on X. “We will make sure that America is the world’s technological leader and the best place for innovators to bring new ideas to life.”
John Newman, a University of Miami professor and antitrust law expert, said Ferguson will likely continue some of Khan’s efforts — and some from the old Trump FTC.
“I expect Chair Ferguson will continue the efforts that began under President Trump’s first administration, and accelerated during the past four years, to rein in Big Tech monopolists,” he said.
Newman noted that pending FTC cases against Meta and Amazon have roots that predate Khan’s tenure, and says both cases enjoy bipartisan support.
“There are no good reasons for Chair Ferguson to change course on any of the agency’s Big Tech casework,” he added. “But there are lots of good reasons for him to continue prioritizing these efforts.”
Khan hoped to remain in her post, noting that she had backing from Vice President-elect J.D. Vance and former Florida Rep. Matt Gaetz, though that wasn’t enough to keep her in the seat.
Ferguson also brings conservative bona fides to the chairman’s role. He wrote a letter last week complaining about censorship of conservative voices online.
“We must vigorously enforce the antitrust laws against any platforms found to be unlawfully limiting Americans’ ability to exchange ideas freely and openly,” he wrote.
Ferguson is relatively business-friendly as well, casting a dissenting vote when the FTC moved to ban non-compete clauses, an effort that was ultimately blocked in court.
A former law clerk for U.S. Supreme Court Justice Clarence Thomas and former adviser to Sen. Mitch McConnell (R-KY), Ferguson is expected to balance that pro-business approach with growing cross-party skepticism of America’s largest technology firms.
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