Trump's FTC pick: 10 things to know

President-elect Donald Trump will appoint Andrew Ferguson as chair of the Federal Trade Commission. 

He will replace Lina Khan, who was sworn in on June 15, 2021.

Here are 10 things to know:

1. "Andrew has a proven record of standing up to big tech censorship, and protecting freedom of speech in our great country," Mr. Trump said in a Dec. 10 Truth Social post. "Andrew will be the most America First, and pro-innovation FTC Chair in our country’s History."

2. After earning his undergraduate and law degrees from Charlottesville-based University of Virginia, Mr. Ferguson clerked for Judge Karen Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.

3. On April 2, Mr. Ferguson was sworn in as a commissioner of the FTC after serving as the Virginia solicitor general. 

4. Mr. Ferguson also served as both chief counsel to Sen. Mitch McConnell and as Republican counsel in the Senate Judiciary Committee. 

5. Mr. Ferguson said he is committed to ending "big tech's vendetta against competition and free speech" in a Dec. 10 X post, adding that the U.S. will become "the world's technological leader and the best place for innovators to bring new ideas to life."

6. "Under [Trump's] leadership, American businesses will become stronger and more competitive, and will better serve workers and consumers, than ever before," Mr. Ferguson wrote on X. "I’m honored that you’ve chosen me to be FTC Chairman in your mission to make our country great again."

7. Mr. Ferguson is dedicated to protecting online freedom of speech – earlier this month, he called for the prosecution of any "unlawful collusion" between online platforms that might limit speech, adding that the FTC must "vigorously enforce the antitrust laws against any platforms found to be unlawfully limiting Americans’ ability to exchange ideas freely and openly."

8. "These changes likely will make the FTC more favorable to business than it has been in recent years, though the extent to which is to be determined," Anthony DiResta, a consumer protection attorney at Holland & Knight, said in an analysis cited by Time Magazine. 

9. The antitrust division of the FTC and the Justice Department withdrew the Antitrust Guidelines for Collaborations Among Competitors on Dec. 11, aiming to promote fair competition and citing outdated policies. 

The Collaboration Guidelines, published in April 2000, no longer provide reliable guidance about how enforcers assess the legality of collaborations involving competitors, according to the federal agencies. Businesses considering collaborating with competitors should review the relevant statutes and case law to determine whether a collaboration would violate the law.

10. Mr. Ferguson criticized the move and shared that while the commission should revisit its nonbinding guidance from time to time to ensure the public is properly informed of its enforcement position, he warned that frequent reversals of policy could undermine the guideline values. 

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