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Trump’s Transition Team Prepares to Reshape FTC Leadership and Antitrust Agenda

By  |  November 10, 2024

With President-elect Donald Trump preparing to assume office, the administration is focused on appointing new leadership at the Federal Trade Commission (FTC) to succeed Lina Khan, whose assertive antitrust stance has drawn both praise and criticism. According to Bloomberg, Gail Slater, a key adviser to Vice President-elect JD Vance, is currently guiding Trump’s transition team on antitrust policy matters. A seasoned lawyer with a background from Oxford, Slater has been tasked with crafting a shortlist of candidates for FTC chair, a role expected to heavily influence the administration’s competition policy in the coming years.

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    Khan’s departure in January will mark a significant shift in the FTC, an agency she steered with an aggressive focus on regulating monopolies and scrutinizing mergers. Her leadership, particularly under the Biden administration, set unprecedented records in antitrust enforcement, sparking debates over the future of U.S. competition policy. Bloomberg reported that the FTC’s recent actions—along with Khan’s bold agenda—became a focal point during the election, especially as several influential business leaders openly pushed for her ouster. The new administration’s appointment for Khan’s replacement is anticipated to chart a different course, potentially impacting future policy on mergers and monopolistic practices.

    Slater, currently 52, brings considerable expertise to the role. She previously advised Trump’s White House on technology policy, making her well-positioned to shape the direction of federal antitrust enforcement and tech policy. Per Politico, Slater’s influence is also extending into broader discussions on economic and technology issues within the incoming administration, underscoring the significance of her role. Sources familiar with the situation suggest she may even be considered for a prominent antitrust position herself, signaling her central role in this critical policy area.

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    Related: Trump’s Potential Shift in US Antitrust Policy Raises Questions for Big Tech and Mergers

    Also leading efforts to structure the transition in the Justice Department’s antitrust division are Republican attorneys Mark Paoletta and Will Levi. Levi, a former adviser to ex-Attorney General Bill Barr, and Paoletta are coordinating transition activities across the department, including antitrust enforcement, according to individuals familiar with the internal deliberations who requested anonymity.

    The shortlist Slater is assembling for potential FTC leadership includes an array of experienced attorneys and scholars, each with a background in competition policy and regulatory issues. Among the candidates is Mark Meador, a former Justice Department attorney, and Todd Zywicki, a professor at George Mason University’s Antonin Scalia School of Law. Another contender is Alex Okuliar, currently a partner at Morrison Foerster, who previously played a key role in the government’s antitrust investigation into Google during Trump’s first term.

    Two current FTC commissioners, Melissa Holyoak and Andrew Ferguson, have also been suggested as possible interim chairs until a permanent appointment is made. Both commissioners are Republicans, and according to Bloomberg, one of them could be temporarily appointed to ensure continuity at the agency as it transitions under new leadership.

    As Trump’s team prepares to introduce changes in the FTC and other regulatory bodies, the upcoming appointments are expected to reflect a broader strategic shift in U.S. competition policy.

    Source: Bloomberg