Why incoming FTC chairman Andrew Ferguson will ‘bring the heat to Big Tech’

President-elect Donald Trump’s pick of Andrew Ferguson to head the Federal Trade Commission is the latest sign that his administration plans to continue a crackdown on Big Tech bad actors that began during his first term in office, experts said. for The Post.

Ferguson, who has served as FTC commissioner since April and is a former top adviser to Sen. Mitch McConnell (R-Ky.), has vowed to crack down on censorship of Big Tech — though he’s expected to take a much friendlier approach to deals.

The Republican regulator, who also once clerked for Supreme Court Justice Clarence Thomas, will replace current FTC Chair Lina Khan, a Democrat who routinely angered Wall Street with a tough approach to antitrust enforcement and review of mergers.

Shortly after being announced as the next president, Ferguson said he would end Big Tech’s vendetta against competition and free speech and “make sure America is the technology leader in the world and the best place for innovators to bring new ideas come to life”.

“I think he will certainly bring the heat to Big Tech, but he will likely be more targeted in his approach than Chair Khan,” said Joel Thayer, a D.C.-based tech policy advocate. “His recent compliance with advertising cartels is a prime example of this.”

As recently as this month, Ferguson criticized the rise of the “Big Tech censorship collusion” that blocked the flow of online discussion about everything from the COVID-19 pandemic to The Post’s exclusive reporting on Hunter Biden’s laptop.

Ferguson also called out groups like the now-defunct Global Alliance for Responsible Media (GARM) and NewsGuard for their role in stifling the flow of advertising dollars to media arbitrarily deemed a “brand safety” risk. The Republican warned that such organizations could be in violation of the Sherman Antitrust Act.

Ferguson’s remarks echoed those of incoming FCC chairman Brendan Carr, an outspoken critic of censorship enabled by Big Tech who has also pledged to address bias in the digital advertising industry.

“The commission must use the full extent of its authority to protect the free speech of all Americans,” Ferguson said in December. 2 statements. “That authority includes the power to investigate collusion that may suppress competition and, in doing so, suppress free speech on the Internet. We should do such an investigation. And if our investigation uncovers anti-competitive cartels that facilitate or encourage censorship, we must dismantle them.”

As FTC chairman, Ferguson will inherit the agency’s various lawsuits — including pending cases against Meta and Mark Zuckerberg’s Amazon.

Last month, Khan approved a major investigation into Microsoft, which is focused on the company’s efforts in cloud computing and artificial intelligence.

Ferguson has often objected to Khan’s aggressive handling of deals – and plans to reverse that.

In a one-page memo circulated ahead of his appointment, Ferguson pledged to “overturn Lina Khan’s anti-business agenda”, including a repeal of what he described as “burdensome regulations”.

Ferguson also said he would “end the FTC’s attempt to become an AI regulator” and “stop Lina Khan’s fight over mergers.”

“Based on his dissent, it’s clear that Ferguson’s decisions will be a little more measured than his predecessor,” Thayer added. “He seems very aware of where the courts are on administrative law issues.”

Trump also appointed Mark Meador, a former DOJ and FTC official who served as an antitrust policy adviser to Sen. Mike Lee (R-Utah), to serve as FTC commissioner. Once confirmed, Meador will give Republicans a majority in the agency.

Meador is known to be a Big Tech skeptic and is expected to support efforts to crack down on the industry’s efforts to strangle smaller rivals.

As The Post reported, Ferguson and Meador were both contenders for the FTC gig along with incumbent Republican Commissioner Melissa Holyoak, who drew attention from antitrust advocates over concerns that she would take a softer approach to Big Tech. .

As a current FTC commissioner, Ferguson does not need to be reconfirmed by the Senate — a fact Trump addressed by stressing that he will be “able to fight on behalf of the American people on day one of my administration.”

“Andrew will be the first and most pro-innovation FTC Chair in our nation’s history,” Trump said.