The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?
January 23, 2025, 5:12 PM
In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican Commissioners condemned the rush to action as “shatter[ing] norms,” an “insult to the Commission, its staff, and the rule of law,” and a “senseless waste of Commission resources” by an FTC leadership that “has no future.”
Once officially designated as Chair of the FTC on January 20, Andrew N. Ferguson vowed to “end the previous administration’s assault on the American way of life” and “usher in a new Golden Age for American businesses, workers, and consumers.”
Do Chair Ferguson’s ominous warnings foretell the fate of the Biden FTC’s legacy? Although the harsh criticism of the Biden FTC may signal the demise of certain initiatives, bipartisan antitrust policy priorities in areas such as merger enforcement, healthcare and workers, suggest that at least some of the Biden FTC’s final actions will endure.
Below, we predict the chance of survival of each of the Biden FTC’s last-minute efforts once there is a Republican majority at the FTC.
Click the text or "+" below to see our take on each effort.
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