Federal Trade Commission Chair Andrew Ferguson has sparked controversy by refusing to commit to resisting President Donald Trump's potential interference in antitrust cases, including the agency's high-profile suit against Meta. In a tech policy event in Washington, DC, Ferguson stated that he would "obey lawful orders" if Trump asked him to drop a case like Meta's, citing the president's executive power.
Ferguson's comments have raised concerns about the independence of the FTC, which is set to begin its antitrust trial against Meta in a few weeks. The case could potentially lead to the breakup of the company. Trump has previously demonstrated a willingness to pardon allies or test legal bounds to support them, which has led to fears that he may attempt to influence the outcome of the Meta case.
Ferguson's stance on the issue is particularly noteworthy given his previous statements on the role of independent regulatory agencies. He has expressed the view that such agencies are "not good for a democracy" because they are not directly accountable to the people. Instead, he believes that the president, as the elected head of the executive branch, should have more control over these agencies.
This perspective has been criticized by some, including Democratic Commissioner Alvaro Bedoya, who has questioned whether Ferguson would resist White House pressure to settle a case or halt an investigation. Bedoya has previously stated that Ferguson is "no friend to Big Tech," but his willingness to obey Trump's orders has raised concerns about the agency's ability to act independently.
The FTC has already faced attempts by Trump to assert his authority over the agency. In February, he signed an executive order claiming that independent agency officials should be subject to "supervision and control" by the president. The following month, Trump broke decades of Supreme Court precedent by attempting to fire the agency's two Democratic commissioners without cause. Ferguson has supported these moves, stating that the president has the authority to take such actions.
The implications of Ferguson's stance are significant, particularly in the context of the Meta antitrust case. If Trump were to ask Ferguson to drop the case, it could have far-reaching consequences for the tech industry and the broader economy. The case has the potential to reshape the landscape of social media and online advertising, and any interference by the White House could undermine the integrity of the legal process.
As the Meta trial approaches, Ferguson's comments have added a new layer of uncertainty to an already complex and contentious issue. The tech industry will be watching closely to see how the FTC proceeds, and whether Ferguson's commitment to obeying Trump's orders will have any impact on the outcome of the case.
In related news, Mark Zuckerberg was spotted walking into the West Wing of the White House shortly after Ferguson's appearance at the tech policy event, sparking speculation about potential meetings between the Facebook CEO and Trump administration officials.