Finance

Who Will Replace FTC Chair Lina Khan? A Deep Dive into Trump's Top Contenders

2024-11-15

Author: Ting

As President-elect Donald Trump gears up for his upcoming administration, he has compiled a notable shortlist of candidates to succeed Lina Khan as chair of the Federal Trade Commission (FTC). Sources indicate that prominent figures like JD Vance aide Gail Slater and current FTC Commissioner Andrew Ferguson are front runners in the race for this influential position.

Lina Khan, known for her assertive regulatory approach towards antitrust enforcement, has drawn a mixed bag of responses, receiving both backlash from the business sector and commendations from certain Republican leaders, including Vance himself. With her official term having expired in September, Khan is expected to depart following Trump's inauguration in January, making way for her successor.

Gail Slater, who has been advising Trump's transition team on tech and antitrust matters, emerges as a leading candidate. Having worked closely with Vance on economic policies, Slater brings valuable experience that traverses both the public and private sectors, having served as a special assistant to Trump during his first term and holding roles with Fox Corp and Roku. Insiders suggest that her blend of business acumen and political savvy makes her a top choice, with confidence expressed by one source that she is at the heart of the selection process.

On the other hand, Andrew Ferguson, with past experience as chief counsel to Senate Minority Leader Mitch McConnell, is also vying for the role. His current position as FTC Commissioner and political pedigree, including clerkship for Supreme Court Justice Clarence Thomas and experience with judicial confirmations during Trump’s Senate tenure, bolster his credentials. Yet, some speculate that Ferguson’s association with McConnell—who has had a tumultuous relationship with Trump—might hinder his chances of stepping into the role.

As the Republican Party grapples with differing philosophies on antitrust enforcement—divided between traditional pro-business stances and calls for stricter regulations on Big Tech—the selection of Khan’s successor looms large. Vance, among the conservatives advocating for tougher actions against monopolies, has been outspoken in his support for breaking up major tech entities like Google.

While innovation leaders such as Elon Musk, who has significantly supported Trump's campaigns, have openly criticized Khan’s aggressive measures, the future FTC chair will inherit a landscape rife with pending legal actions, particularly against major corporations like Amazon and Meta. A recent court ruling has allowed the FTC's case aiming to break up Meta due to its acquisitions of Instagram and WhatsApp to proceed, indicating the pressing duties ahead for Khan’s successor.

In addition to Slater and Ferguson, the shortlist includes Melissa Holyoak, another Republican FTC Commissioner who could potentially fill the acting chair role until a permanent chair is confirmed, and Mark Meador, a respected attorney with a background in the FTC and DOJ's antitrust unit. Finally, Alex Okuliar, a former senior antitrust attorney at DOJ, remains a strong candidate and is currently a partner at the prominent law firm Morrison Foerster.

As discussions continue around who will spearhead the FTC, there’s speculation that any of these individuals could also transition into the role of DOJ antitrust chief, paving the way for a cohesive antitrust strategy under the Trump administration.

Transition spokeswoman Karoline Leavitt highlighted that President-elect Trump is diligently making decisions regarding his next administration, with announcements expected in due course. The stakes are high, and all eyes will be on how these potential leaders will shape the future of antitrust enforcement in the United States.