President-elect Donald Trump’s pick to lead the Federal Trade Commission vowed in his job pitch to end current chair Lina Khan’s “war on mergers,” a signal to an eager corporate America that the incoming administration intends to be far more lax on antitrust enforcement.
Andrew Ferguson was initially nominated by President Joe Biden to serve as a Republican commissioner on the bipartisan FTC, and his elevation to chair of the commission will not require Senate confirmation.
In a one-page document obtained by Punchbowl, Ferguson — who previously worked as chief counsel to Sen. Mitch McConnell (R-Ky.) — pitched himself to Trump’s team as the “pro-innovation choice” with “impeccable legal credentials” and “proven loyalty” to the president-elect.
Ferguson’s top agenda priority, according to the document, is to “reverse Lina Khan’s anti-business agenda” by rolling back “burdensome regulations,” stopping her “war on mergers,” halting the agency’s “attempt to become an AI regulator,” and ditching “novel and legally dubious consumer protection cases.”
Trump announced Ferguson as the incoming administration’s FTC chair as judges in Oregon and Washington state blocked the proposed merger of Kroger and Albertsons, decisions that one antitrust advocate called a “fantastic culmination of the FTC’s work to protect consumers and workers.”
According to a recent report by the American Economic Liberties Project, the Biden administration “brought to trial four times as many billion-dollar merger challenges as Trump-Pence or Obama-Biden enforcers did,” thanks to “strong leaders at the FTC” and the Justice Department’s Antitrust Division.
In a letter to Ferguson following Trump’s announcement on Tuesday, FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter wrote that the document obtained and published by Punchbowl “raises questions” about his priorities at the agency mainly “because of what is not in it.”
“Americans pay more for healthcare than anyone else in the developed world, yet they die younger,” they wrote. “Medical bills bankrupt people. In fact, this is the main reason Americans go bankrupt. But the document does not mention the cost of healthcare or prescription medicine.”
“If there was one takeaway from the election, it was that groceries are too expensive. So is gas,” the commissioners continued. “Yet the document does not mention groceries, gas, or the cost of living. While you have said we’re entering the ‘most pro-worker administration in history,’ the document does not mention labor, either. Americans are losing billions of dollars to fraud. Fraudsters are so brazen that they impersonate sitting FTC commissioners to steal money from retirees. The word ‘fraud’ does not appear in the document.”
“The document does propose allowing more mergers, firing civil servants, and fighting something called ‘the trans agenda,'” they added. “Is all of that more important than the cost of healthcare and groceries and gasoline? Or fighting fraud?”
As an FTC commissioner, Ferguson voted against rules banning anti-worker noncompete agreements and making it easier for consumers to cancel subscriptions. Ferguson was also the only FTC member to oppose an expansion of a rule to protect consumers from tech support scams that disproportionately impact older Americans.
“Andrew Ferguson is a corporate shill who opposes banning noncompetes, opposes banning junk fees, and opposes enforcing the Anti-Merger Act,” said Basel Musharbash, principal attorney at Antimonopoly Counsel. “Appointing him to chair the FTC is an affront to the antitrust laws and a gift to the oligarchs and monopolies bleeding this country dry.”
Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn
Dear Truthout Community,
If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.
We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.
Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.
There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.
After the election, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?
It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.
We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.
We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.
Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment. We’re presently working to find 1500 new monthly donors to Truthout before the end of the year.
We’re with you. Let’s do all we can to move forward together.
With love, rage, and solidarity,
Maya, Negin, Saima, and Ziggy