Illustration: Sarah Grillo/Axios
Tech and business aren't breathing big sighs of relief now that FTC chair Andrew Ferguson has taken the reins, despite Republican administrations historically being more hands-off.
Why it matters: As Ferguson starts his tenure atop the FTC, one thing is clear — antitrust enforcement is here to stay, just with a new flavor, as the agency moves away from Lina Khan-era initiatives.
State of play: Lawyers, the tech industry, and business executives are watching Ferguson carefully to see where he'll stick it out with Biden-era tech industry enforcement matters and where he'll differ.
- Ferguson has said the FTC will keep arguing its ongoing cases against Amazon and Meta. Per a Bloomberg report, a case against Microsoft continues to develop.
- Ferguson also wants to go after what he sees as Big Tech bias as a driver of unfair market power, as we previously reported.
- The FTC declined to comment.
What they're saying: "President Trump appointed me to protect Americans in the marketplace, and that includes from Big Tech. I've said since day one, Big Tech is one of our main priorities and that remains true," Ferguson said in a CNBC interview last week.
- "I think the message that the Trump antitrust enforcers are sending is full speed ahead, they see themselves as the cop on the beat, and they see a market power problem, especially in the tech arena," Wyatt Fore, an antitrust partner at Shinder Cantor Lerner law firm in Washington, D.C., told Axios.
Some early pushback to Ferguson's agenda has emerged. David Grossman, VP of policy and regulatory affairs at the Consumer Tech Association, told Axios that the requests for comments on potential Big Tech censorship is concerning.
- "The FTC should be careful not to base its decisions on unverifiable reports and instead support the digital economy that has been responsible for tremendous American innovation and growth," he said.
- A Wall Street Journal editorial published Monday reads: "Mr. Ferguson would be wise to drop Ms. Khan's antitrust obsessions and refocus on the agency's mission of protecting consumers."
Both Amazon and Meta continue to get ready to go to court in their respective cases. But Ferguson may decide not to pursue similar cases or use the FTC's limited resources on related litigation going forward.
Yes, but: Ferguson has hinted he will be more friendly to mergers, doesn't see the FTC as an AI regulator, and does not appear interested in having the FTC write sweeping new regulations.
What we're watching: As the Microsoft case continues to develop, Ferguson's FTC will shape where it ultimately lands.
- As Big Tech firms continue to invest in AI companies, and larger companies gain footholds in the market, Ferguson will have to decide if there's anywhere for the FTC to step in.
