On April 15th, 2026 Federal Trade Commission (FTC) Chair Andrew Ferguson and fellow Commissioner Mark Meador testified before the U.S. Senate Committee on Commerce, Science, and Transportation. Their testimony should please supporters of a restrained approach to antitrust enforcement. Without directly mentioning Lina Khan (his predecessor at the FTC) by name, Ferguson seemed to repudiate her holistic approach to antitrust. Chair Ferguson stated that the FTC is not a “general economic regulator”, but an agency whose mandate is limited to consumer protection and antitrust enforcement.
Ferguson also further distanced himself from Khan, who challenged even the most clearly beneficial mergers and acquisitions during her tenure, by stating that he was committed to enforcing the laws but also to seeking settlements wherever possible. These settlements allow beneficial mergers to go through if the companies agree to take steps to address concerns that the merger will create a monopoly.
The drafters of the Constitution would have been horrified by agencies like the FTC that combine legislative (via rule making), enforcement, and even judicial functions (via the Administrative Law Judges). The Founders would certainly have opposed isolating these institutions from accountability to the people’s elected representatives in the legislative and executive branches.
The current Supreme Court is the most skeptical of the constitutionality of independent agencies in recent years. The Court has already issued a stay of a lower court decision, leaving in place the firings until a final decision is reached. This is a good sign for supporters of the separation of powers and accountability in government. Those concerned that the Court may grant the President too much power over independent agencies like the FTC should support an increased role for Congress in holding the FTC accountable.
For example, there could be a requirement that the President provide an explanation to Congress for why the FTC Commissioners were fired. In his opening remarks at the hearing, Commerce Committee Chair Ted Cruz said that Congress needs to pass laws reforming and limiting the FTC’s use of consent decrees. Senator Cruz said that Congress should pass legislation limiting the duration of consent decrees. According to Cruz, these decrees have given the FTC the ability to control businesses for decades. Hopefully, Chair Cruz will introduce consent decree reform legislation this year and it will pass Congress before the election.
Some Democrats criticized Chair Ferguson and Commissioner Meador for targeting physicians and hospitals that perform gender reassignment surgery on minors. While the administration considers this an important issue, it is one better addressed by state governments, medical licensure boards, and parents; not the FTC.
Chair Ferguson has also exceeded his authority by targeting companies for engaging in First Amendment-protected activities. Chair Ferguson will likely bring cases designed to score points with MAGA Republicans, even if those cases violate the First Amendment. This could also backfire on conservatives, as conservative groups have successfully used boycotts against companies that have promoted causes offensive to the right.
Andrew Ferguson’s Senate testimony showed him to be committed to enforcing antitrust and consumer fraud laws against bad actors, rather than governing as a universal economic regulator. His emphasis on reaching settlements means that more companies will be able to engage in beneficial mergers and acquisitions. This will benefit businesses, employees, and their workers. Unfortunately, some of his actions seem motivated by a desire to score political points and violate the First Amendment. Hopefully, he’ll cease these activities and focus on using his position to promote affordability via increased efficiency.
