Changes in the Makeup of the FTC May Impact Antitrust Policy
The upshot, for busy people:
- On March 18, 2025, Commissioner Rebecca Kelly Slaughter and Commissioner Alvaro Bedoya, who hold the two Democratic seats on the Federal Trade Commission (“FTC”) were informed that President Donald Trump was removing them from the FTC. Both commissioners are contesting the dismissals.
- For more than a month, the five-member FTC has been one Republican commissioner short, leaving Chairman Andrew Ferguson without a majority. As a result, he has only been able to advance matters with bipartisan support. The removal of Commissioner Slaughter and Commissioner Bedoya will allow Chairman Ferguson to act without the support of the Democratic commissioners.
How did this happen? The FTC is headed by five commissioners nominated by the President and confirmed by the Senate. Each commissioner serves a seven-year term. No more than three commissioners can be of the same political party, and the president appoints one commissioner to act as Chairman. Though not required by law, the Chairman typically resigns at the end of a president’s term. In effect, this gives the president a majority on the FTC.
Biden-era FTC Chair Lina Khan resigned shortly after President Trump took office. Mark Meador, President Trump’s pick to fill that seat, has not yet been confirmed by the Senate. This has left Chairman Ferguson with a split 2D-2R FTC, meaning that he has been able to advance matters only with bipartisan support.
What does this mean for policy? When he became Chairman, Chairman Ferguson stated that he intended to “end the previous administration’s assault on the American way of life, and we will usher in a new Golden Age for American businesses, workers, and consumers.”
Yet, shortly thereafter, Chairman Ferguson affirmed many policy priorities that originated with the Biden Administration, most notably:
- the 2023 Merger Guidelines, which reflected a tough enforcement stance; and
- revision of the Hart-Scott-Rodino filing requirements, which complicate and expand the premerger notification process.
This suggests Chairman Ferguson will pursue different antitrust enforcement priorities than the FTC did during the prior Republican administrations. Even so, many antitrust watchers are expecting a Republican-led FTC to make changes from the Biden-era agency regarding how the agency approaches antitrust policy and enforcement. And Chairman Ferguson may now find it easier to put together a majority to pursue those changes without compromise, including, for instance, resolving litigation started during the prior Administration.
Both Commissioner Slaughter and Commissioner Bedoya have called their firings illegal. Other members of independent agencies like the FTC dismissed on similar bases have successfully challenged their removal at the district court level, though the decisions are being appealed. While these dismissals are part of a broader assertion of presidential authority over administrative agencies, they are bound to have an impact on FTC policy and enforcement in both the near and long terms.
Because of these rapid developments, it is more important than ever to seek legal guidance if your company has questions about antitrust enforcement or is contacted by any enforcement agency. Mayer Brown is prepared to advise and counsel companies on the implications of these developments for their current and future business activities. Please do not hesitate to reach out to any of the authors, or any member of the Mayer Brown antitrust team, for further information about this topic and additional developments.
For further Mayer Brown analysis on antitrust enforcement in the second Trump Administration generally, please see Five Must-Watch Antitrust Storylines for 2025 and New HSR Rules and 2023 Merger Guidelines – Here to Stay?
