
Federal Trade Commission (FTC) Chairman Andrew Ferguson and Department of Justice (DOJ) antitrust chief Gail Slater have indicated a shift towards a less aggressive approach to merger enforcement compared to their predecessors under the Biden administration. They emphasized a broader interpretation of the consumer welfare standard, which now includes considerations of how market concentration might impact innovation. Ferguson has expressed a balanced stance on mergers and acquisitions (M&A), particularly those involving Big Tech companies. He aims to challenge mergers that could enhance the economic power of mega-firms while also being open to remedies that could mitigate antitrust concerns. This approach is intended to provide more regulatory clarity to businesses and maintain the 2023 merger guidelines. Ferguson made these comments at Y Combinator's Little Tech Competition Summit. In addition to merger policy, Ferguson has defended President Donald Trump's authority to fire Democratic FTC commissioners, arguing that such actions are necessary for democratic accountability. This stance comes amidst legal challenges from the fired commissioners, who claim their dismissal was politically motivated and contravenes the FTC Act. Ferguson also addressed the issue of tariffs, stating that they should not be interpreted as a green light for price fixing or any other unlawful behavior. This position underscores the FTC's commitment to ensuring that American companies compete vigorously on prices.
FTC Chair Andrew Ferguson makes the point that tariffs should not be used as an excuse to price-fix within industries. https://t.co/OPq7yQyQ2e
FTC CHAIR FERGUSON: U.S. TARIFFS SHOULD NOT BE INTERPRETED AS A GREEN LIGHT FOR PRICE FIXING OR ANY OTHER UNLAWFUL BEHAVIOR
*FTC HEAD: TARIFFS CAN'T BE USED AS GREEN LIGHT FOR PRICE FIXING