Mar 8 2024: Late on Thursday, the U.S. Senate confirmed two nominees, Andrew Ferguson and Melissa Holyoak, by voice vote to occupy Republican positions within the Federal Trade Commission (FTC).
Nominated by President Joe Biden in July, Andrew Ferguson, Virginia Solicitor General, and Melissa Holyoak, Utah Solicitor General, were appointed to the five-member FTC. Their confirmation does not shift the power balance at the FTC, which is currently chaired by Democrat Lina Khan, with two additional Democratic commissioners.
The Senate also approved a new term for Democratic FTC Commissioner Rebecca Slaughter during the same session. Notably, the FTC has lacked a Republican commissioner for nearly a year.
Under the Biden administration, the FTC has adopted a more stringent stance against mergers perceived to potentially harm consumers through increased prices or hinder innovation.
In recent actions, the FTC sued supermarket chain Kroger to block its $24.6 billion acquisition of smaller rival Albertsons, citing concerns over escalated grocery prices. Additionally, in September, the FTC initiated an antitrust lawsuit against Amazon, accusing the tech giant of maintaining an unlawful monopoly, particularly by impeding sellers from offering products at lower prices on other platforms. The trial for this case is scheduled for October 2026.
Earlier this year, Amazon and robot vacuum manufacturer iRobot withdrew their merger plans due to opposition from both EU antitrust regulators and the FTC.
Andrew Ferguson served as chief counsel to U.S. Senate Republican Leader Mitch McConnell until 2021, with previous experience working for Senators Lindsey Graham and Chuck Grassley. Melissa Holyoak has worked as an associate at O’Melveny & Myers LLP and at various organizations, including the Hamilton Lincoln Law Institute, Competitive Enterprise Institute, and Center for Class Action Fairness, focusing on litigation and regulatory matters.
