*
Ferguson eyes tackling online censorship of conservatives
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FTC under Khan became a political flashpoint
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Ferguson could shift course in FTC cases against Amazon ( AMZN )
and Meta
(Adds that Trump nominated Mark Meador as FTC commissioner in
paragraphs 4-6, context on Ferguson in paragraphs 7, 9, and 13
context on DOJ appointment in paragraph 17)
By Jody Godoy
NEW YORK, Dec 10 (Reuters) - U.S. President-elect Donald
Trump tapped Federal Trade Commissioner Andrew Ferguson to lead
the consumer protection and antitrust agency, Trump said on
social media on Tuesday.
Ferguson, one of two Senate-confirmed Republican FTC
commissioners appointed by President Joe Biden, will be "the
most America First, and pro-innovation FTC Chair in our
Country's History," Trump said.
"Andrew has a proven record of standing up to Big Tech
censorship, and protecting Freedom of Speech in our Great
Country," Trump said on his Truth Social platform.
Trump said in a separate post that he would nominate Mark
Meador, a partner at law firm Kressin Meador Powers and former
antitrust counsel to Republican U.S. Senator Mike Lee, to become
an FTC commissioner.
Lee previously proposed legislation that would remove
federal antitrust authority from the FTC, which shares it with
the U.S. Department of Justice.
Once confirmed, Meador would fill the spot currently
occupied by FTC Chair Lina Khan, whose term on the commission
has expired.
Ferguson, Virginia's former solicitor general, wants the FTC
to investigate censorship of conservative viewpoints online. If
social media platforms collaborate to suppress such views or
advertisers coordinate pulling business from platforms such as
Elon Musk's X, they should be charged with violating U.S.
antitrust law, Ferguson has said.
"We must vigorously enforce the antitrust laws against any
platforms found to be unlawfully limiting Americans' ability to
exchange ideas freely and openly," Ferguson said in a recent
statement.
Ferguson previously served as counsel to Republican Senator
Mitch McConnell and clerked for U.S. Supreme Court Justice
Clarence Thomas.
The agency became a political flashpoint under Khan, who
promoted antitrust enforcement as a check on corporate power.
Her efforts won fans among some Republicans, including incoming
Vice President JD Vance, but drew criticism as overly aggressive
from some antitrust lawyers and business groups.
Ferguson would inherit a full slate of cases against Big
Tech companies, a lawsuit against the three largest pharmacy
benefit managers, and at least a half-dozen lawsuits by
companies arguing the FTC has outstripped its authority.
It is unclear whether he would continue with unfinished
probes, including into practices at Microsoft ( MSFT ) that
competitors have complained keep customers from switching to
other cloud service providers, and potential privacy concerns
involving OpenAI.
In other enforcement matters related to AI and privacy,
Ferguson has said he believes Khan and the FTC's Democratic
majority have sometimes led the agency to overstep its
authority.
A Republican-led FTC could also shift course in two major
cases against Amazon.com ( AMZN ). One targets tactics the
agency says keep sellers bound to its platform and help Amazon ( AMZN )
unlawfully dominate the landscape for online marketplaces, and
another over practices allegedly meant to trick Prime
subscribers out of cancelling service.
Ferguson would also oversee a case brought against Meta
Platforms ( META ), then known as Facebook, in 2020, during
Trump's first term.
The agency is seeking to unwind the tech company's
acquisition of Instagram and WhatsApp. But the judge overseeing
the case has cast doubt on whether the agency can prevail at
trial in April.
Trump said last week that he would appoint Vance adviser
Gail Slater to lead the DOJ's antitrust division, which is
overseeing cases against Google.