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FTC Shift Under Biden Administration Begins With Chairman Simons, Senior Staff Resigning

Executive Summary

While expected following start of Biden administration, Simon’s resignation is “somewhat of a surprise” considering it will change the balance of power to the Democrats ahead of when his term would have been ended, says advertising law attorney Ivan Wasserman.

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FTC Nominee Khan Is Likely To Face Close Senate Vote; Biden Still Has One More Seat To Fill

Columbia’s Khan is known for her critical views of tech industry, which observers expect will transfer to pharma; another possible nominee for the other remaining spot, DC attorney general Karl Racine, is also focused on the tech space. Acting Chair Rebecca Kelly Slaughter’s pharma interest likely means the issue won’t recede from the FTC’s agenda.

Biden Nominates Anti-Trust Expert Khan To FTC

President Biden nominates Lina Khan for one of two FTC commissioner seats he will fill. Khan currently is a Columbia Law associate professor, teaching and writing about antitrust law, infrastructure industries law and the antimonopoly tradition.

Congress Likely To Legislate Monetary Penalty Authority In FTC Enforcement If SCOTUS Strikes It

White House, Democrat majority in Congress and likely next FTC chair support the agency wielding the authority, says advertising law attorney Holly Melton. Supreme Court, though, likely will rule in pending cases that a strict reading of an FTC regulation doesn’t grant monetary penalty authority.

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