Nov 13 (Reuters) - A change of leadership at the U.S.
Federal Trade Commission, a central part of the Biden
administration's pro-consumer agenda and a lightning rod for
corporate criticism, will likely take months under the Trump
administration.
What happens to Chair Lina Khan?
FTC Chair Lina Khan's fight against corporate consolidation
in the name of consumers won fans among Democrats and some
Republicans, including Vice President-elect JD Vance. Despite
Vance's praise for her approach, Khan is not seen as likely to
stay after the inauguration.
Gail Slater, an adviser to Vance, a former FTC lawyer and an
executive at Fox Corp ( FOXA ) and Roku ( ROKU ), is involved in
vetting candidates to lead the agency, according to sources
familiar with the matter. She is also viewed as a potential
candidate for FTC chair.
Who will lead the agency next?
While Khan's term expired in September, she can stay on as a
commissioner until a replacement is confirmed -- though she will
likely be replaced as chair soon after Trump takes office.
One of the two Republicans on the commission, Andrew
Ferguson, former chief counsel to Republican Senator Mitch
McConnell, or Melissa Holyoak, Utah's former solicitor general,
is expected to become the agency's acting chair and set
priorities for FTC staff while a replacement is confirmed.
Both Holyoak and Ferguson, who once served as Virginia's
solicitor general, were involved in antitrust cases against Big
Tech companies before they became commissioners.
Under Biden, it took six months for Khan to be appointed,
and the FTC had an acting chair for nearly the first year and a
half of the first Trump administration from 2017-2021.
Khan may choose to step down in January, leaving the
commission split evenly between Republicans and Democrats.
What's the process for appointing a new chair?
Typically, an incoming president nominates new agency heads,
who go through a confirmation hearing before the U.S. Senate
where they face questioning, and are then voted on, first in a
Senate committee, and then by the entire Senate.
The timing of the process depends on how Trump prioritizes
appointments -- typically other agencies are a priority over the
FTC.
Trump, however, has called on Republicans who will lead the
Senate to keep it in recess when its new term begins, which
would allow him to install agency leaders without a vote to
serve for up to two years.
What happens to Khan's initiatives?
Khan's broad approach to antitrust enforcement could
continue under a Trump administration, but rules the FTC passed
during her tenure are on shakier ground.
If Republicans gain control of the U.S. House of
Representatives in addition to the majority they will have in
the U.S. Senate, Congress could invalidate a rule passed in
October requiring companies to provide easy cancellation methods
for subscriptions. The FTC's two Republican commissioners voted
against the rule.
The same goes for any rule the agency might pass before the
end of Biden's term, such as a ban proposed late last year on
undisclosed or misleading "junk" fees that can raise prices for
concert tickets, hotel rooms and more.