*
Republican FTC chairman defends move, says agency
committed to
mission
*
Critics say firings invite corruption
*
Ousted commissioners plan to sue
(Adds quote from FTC chairman background in paragraphs 8-10 and
context on the FTC's cases in paragraphs 14-22)
By Jody Godoy
NEW YORK, March 18 (Reuters) - President Donald Trump
fired two Democratic commissioners at the U.S. Federal Trade
Commission on Tuesday, in another major test of the independence
of regulatory agencies.
A White House official confirmed the firings of Democratic
Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter after
they were first reported by Reuters, but had no additional
comment.
The firings drew sharp criticism from Democratic senators
and antimonopoly groups concerned that the move was designed to
remove opposition within the agency to big corporations.
"Illegally gutting the Commission will empower fraudsters
and monopolists, and consumers will pay the price," said Senator
Amy Klobuchar, a Democrat from Minnesota, in a statement.
The FTC enforces consumer protection and antitrust laws, and
has a bipartisan structure where no more than three of the five
commissioners can come from the same party.
Both Bedoya and Slaughter plan to sue to reverse the
firings. "This is corruption plain and simple," Bedoya said in
a statement on X.
Slaughter said in a statement: "The President illegally
fired me from my position as a Federal Trade Commissioner,
violating the plain language of a statute and clear Supreme
Court precedent."
FTC Chairman Andrew Ferguson, a Republican appointed to the
commission last year by then-President Joe Biden and named
chairman by Trump, said on Tuesday he has "no doubts" about
Trump's constitutional authority to remove commissioners, "which
is necessary to ensure democratic accountability for our
government."
"The Federal Trade Commission will continue its tireless
work to protect consumers, lower prices, and police
anticompetitive behavior," Ferguson said on X.
Mark Meador, Trump's pick as the third Republican on the
commission, has not yet been confirmed by the U.S. Senate. It
was unclear if the Trump administration planned to nominate
replacement commissioners for the two who were fired. The FTC
can bring or dismiss cases with only two commissioners.
WHITE HOUSE CONTROL
Trump has already sparked lawsuits by firing members of
other independent agencies including the National Labor
Relations Board.
The U.S. Supreme Court in 1935 upheld a law allowing the
firing of FTC commissioners only for good cause, such as
neglecting their duties. The ruling shields several independent,
bipartisan multi-member agencies from direct White House
control.
Two federal judges in Washington, D.C., have said Trump's
firing of NLRB Member Gwynne Wilcox and Merit Systems Protection
Board Member Cathy Harris violated federal law.
The Trump administration has embraced an expansive view of
presidential power, and an executive order on February 18 gave
the White House greater control over independent agencies.
The firings may complicate Ferguson's bid to show the FTC
remains committed to protecting consumers and competition in
U.S. markets.
Commissioner Melissa Holyoak, the other Republican on the
commission, and Ferguson were recused in the FTC's case accusing
the three largest pharmacy benefit managers of steering diabetes
patients towards higher priced insulin so they could reap
millions of dollars in rebates from pharmaceutical companies.
The recusals raise uncertainty about how the FTC will manage
the case going forward.
Klobuchar told Reuters on Tuesday that while she supported
Meador's nomination before, she will not now.
"I don't understand why when they are firing people we would
ever support their commissioners again," she said.
Ferguson has reiterated the agency's commitment to policing
Big Tech companies.
The agency is gearing up for trials in a case against
Meta Platforms ( META ) and two cases against Amazon ( AMZN ).
It is also enforcing privacy-related settlements with Meta and
X.