In his inaugural address, President-elect Donald Trump to head the Federal Trade Commission vowed to end current Commission Chairman Lina Khan’s “merger wars,” a move aimed at aspiring American companies. , which signaled that the incoming administration intends to enforce antitrust laws much more leniently.
Andrew Ferguson was originally nominated by President Joe Biden to be a Republican commissioner on the bipartisan FTC, and his elevation to chair does not require Senate confirmation.
In a one-page document obtained by Punchbowl, Mr. Ferguson, who previously served as chief adviser to Sen. Mitch McConnell (R-Ky.), described himself as having “impeccable legal credentials.” He pitched himself to the Trump campaign as a well-prepared “pro-innovator.” “Proven loyalty” to the president-elect.
The document says Ferguson’s top priorities are to roll back “burdensome regulation”, end Lina Khan’s “merger wars” and end Lina Khan’s “attempts to become an AI regulator”. The aim is to “reverse Lina Khan’s anti-business policies” by blocking the move. Waives “novel and legally questionable consumer protection litigation.”
After judges in Oregon and Washington blocked a proposed merger between Kroger and Albertsons, President Trump announced that Ferguson would become the next FTC chairman in his administration. The decision was what one antitrust advocate called “a great culmination of the FTC’s efforts to protect consumers and workers.”
A recent report by the American Economic Freedom Project said the Biden administration has “strong leadership” at the FTC and the Justice Department’s Antitrust Division.
In a letter to Ferguson following President Trump’s announcement Tuesday, FTC commissioners Alvaro Bedoya and Rebecca Kelly Slaughter said the documents obtained and published by Punchbowl primarily ” “What is left unwritten,” he wrote, “raises questions” about his priorities at the agency.
“Americans pay more for health care than anyone in the developed world, yet die sooner,” they write. “Medical costs are bankrupting people. In fact, this is the main reason Americans go bankrupt. But the document does not mention medical costs or prescription drug costs.”
“If there’s one takeaway from the election, it’s that food is too expensive. Gasoline is no different,” the commissioners continued. “But the document doesn’t mention food, gas, or the cost of living. You say we’re entering the ‘most pro-worker government in history,’ but the document doesn’t even mention labor. Americans are losing billions of dollars. Scammers are so brazen that they impersonate current FTC commissioners and steal money from retirees. No words come out.
“The document proposes allowing further mergers, firing civil servants and fighting what is called the ‘trans agenda’,” they added. “Is all of that more important than medical bills, groceries and gas? Or is it fighting fraud?”
As FTC commissioner, Mr. Ferguson voted against rules that would ban anti-worker non-competition agreements and make it easier for consumers to cancel subscriptions. Mr. Ferguson was also the only FTC commissioner to oppose expanding rules to protect consumers from tech support scams that disproportionately affect older Americans.
“Andrew Ferguson is a big business scumbag who opposes non-compete bans, junk fee bans, and anti-merger enforcement,” said Basel Mushabash, lead attorney at Antitrust Counsel. “His appointment as FTC Chairman is an affront to antitrust law and a gift to the oligarchy and monopolies that are draining this country.”
