President Biden has recently nominated Andrew Ferguson, Virginia Solicitor General, and Melissa Holyoak, Utah Solicitor General, for Republican positions at the Federal Trade Commission (FTC). This nomination, if confirmed by the Senate, will not alter the existing balance of power at the FTC. The commission currently consists of a Democratic chair, Lina Khan, and two Democratic commissioners who enforce antitrust laws and regulations against deceptive advertising.
The Biden administration has displayed a more stringent approach towards mergers that could potentially lead to increased consumer prices or hinder innovation. Lina Khan expressed her confidence in Ferguson and Holyoak, stating that they possess valuable skills, experiences, and expertise that would benefit the commission. She emphasized that the FTC operates most effectively when fully staffed and looks forward to collaborating with them, despite facing criticism from former Republican commissioner Christine Wilson.
Notably, Andrew Ferguson served as chief counsel to Senate Republican Leader Mitch McConnell from 2019 to 2021. Melissa Holyoak, the Attorney General of Virginia, previously worked at Hamilton Lincoln Law Institute, specializing in combatting class action lawsuits and aggressive regulations. Furthermore, the FTC is expected to initiate a case against Amazon, possibly in the coming months. They have already filed an antitrust lawsuit against Facebook during the previous administration but have yet to bring it to trial. The commission is also evaluating Kroger’s proposed acquisition of competitor Albertsons and considering other potential deals.
McConnell, responsible for presenting nominees to the White House, expressed support for the nominations, emphasizing the need for exceptional leaders who can safeguard American consumers and protect the country’s economic future from leftist influence. He urged the Senate to swiftly confirm Ferguson and Holyoak.
Melissa Holyoak currently serves as the Utah Solicitor General within the Utah Attorney General’s Office. She previously worked at O’Melveny & Myers LLP, Hamilton Lincoln Law Institute, Competitive Enterprise Institute, and the Center for Class Action Fairness. The FTC is currently involved in various ongoing cases, including a lawsuit against Microsoft’s proposed $69 billion acquisition of Activision. The commission is also awaiting a court decision regarding this matter. In addition, the FTC has filed complaints against Amgen’s purchase of Horizon Therapeutics, Intercontinental Exchange’s planned acquisition of Black Knight, and is engaged in a dispute with Illumina regarding its purchase of Grail.
(Photo Credit: MICHAEL REYNOLDS / POOL / EPA-EFE / Shutterstock)
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