Charting a Fairer Course for the FTC

In our rapidly evolving marketplace, the Federal Trade Commission (FTC) plays a pivotal role in safeguarding consumers' interests and promoting fair competition. However, as our economic landscape has continued to shift, so too has our political environment. Ever since Lina Kahn was appointed as Chair of the commission in 2021, at the direction of President Biden, the agency has taken a turn for the worse.

The agency has become little more than an ultra-partisan body, ignoring dissenting voices, defying the rule of law and disregarding congressionally imposed limits on agency jurisdiction in favor of advancing radical left policies. While there is a mountain of work that must be undertaken to reform the agency, I’ve proposed a bill that I believe will chart a course to a fairer and more balanced FTC.

But first, some background is in order: The FTC is typically composed of five Commissioners, and under statute, no more than three Commissioners can be from the same party. This typically leads the White House to nominate two Commissioners from the opposition party, with input from the Senate Republican Leader. However, the current iteration of the FTC is led by three Democratic Commissioners and zero Republican Commissioners.

As a result, the three Democratic Commissioners have been able to impose their willful disregard of Congressionally-imposed limits on agency jurisdiction without any oversight, input, or dissenting voices from minority commissioners Meanwhile, Chair Khan has continued her defiance of legal precedent, and her abuse of power to achieve desired outcomes. 

We need not look hard for an example of this power abuse run rampant. In January, the FTC issued a proposed rule that would outright ban voluntary non-compete clauses in virtually every employment contract across the country. This would result in tens of millions of contracts becoming unenforceable. The FTC’s proposed rule exceeds its delegated authority and imposes a top-down, one-size-fits-all approach that violates basic American principles of federalism and free markets. This power grab is just the latest example of the Biden FTC straying from the Commission’s mandate in its eagerness to centrally plan the American economy to meet a preferred social agenda. 

The need for a more accountable FTC is apparent now more than ever. Which brings me to my legislative proposal: The Fair and Balanced FTC Act. This bill would prohibit the Federal Trade Commission (FTC) from acting unless there is at least one Commissioner serving from a different party than the Chair. This would incentivize the President to nominate and confirm Commissioners to ensure a functioning body includes minority Commissioners to provide feedback and dissent on harmful FTC actions.  

Following the introduction of my bill, on July 3, President Biden nominated two qualified Republican candidates, Virginia Solicitor General Andrew Ferguson and Utah Solicitor General  Melissa Holyoak, to serve on the FTC. Now is the time for the Senate to finally fill these vacancies. By prioritizing a balanced board of commissioners across the political spectrum, the potential for a fairer FTC shines brightly on the horizon, promising a marketplace where all can thrive and compete on equal footing.