FTC Chair Says Agency Needs More Resources for Antitrust Enforcement

In what is said to be a departure from the agency’s tradition, the written testimony presented by the chair of the Federal Trade Commission (FTC) before a Senate committee did not have bipartisan support among the commissioners.

The testimony presented Tuesday (Sept. 20) by FTC Chair Lina M. Khan to the Senate Committee on the Judiciary’s Subcommittee on Antitrust, Competition Policy and Consumer Rights was approved by a commission vote of 3-2.

In the testimony for the hearing on “Oversight of Federal Enforcement of the Antitrust Laws,” Khan described the work the FTC is doing to enforce antitrust rules, according to a Tuesday (Sept. 20) press release.

“Vigorous antitrust enforcement is critical to the growth and dynamism of our economy, as well as to our shared prosperity and liberty,” Khan said in the testimony. “Recent decades have vividly illustrated how Americans lose out when markets become more consolidated and less competitive.”

The two FTC commissioners who dissented from the testimony — Christine S. Wilson and Noah Joshua Phillips — said in a dissenting statement that they agree with the other three commissioners on critical points but disagree on others.

They said that while the testimony said the FTC’s enforcement program has been revitalized recently, it’s taking fewer actions than it took during the previous administration. The two commissioners also said that while the FTC has said labor markets and the economy are seeing consolidation, data shows the opposite.

“We regret that, today, the commission is not speaking with one voice in its written testimony for an oversight hearing,” they said in the statement. “This is an unfortunate departure from the agency’s tradition of working toward bipartisan consensus, and we are disappointed that our colleagues declined the opportunity.”

The FTC written testimony presented by Khan offered examples of how the agency has enforced the law over the past year, including its suit to block Meta’s proposed acquisition of virtual reality (VR) development studio Within Unlimited.

Read more: Judge to Hear FTC Case on Meta Takeover of VR Firm in December

The testimony also outlined how the commission has updated its enforcement tools and is reorienting its enforcement efforts. In an example of the latter, the FTC said it amended its complaint against Meta in a lawsuit that seeks the divestment of Instagram and WhatsApp, the release stated.

See more: Facebook Can’t Fence Off FTC Antitrust Suit, But It Narrows Scope

At the same time, the FTC’s testimony said it lacks sufficient funding, noting that it has only two-thirds as many employees as it had at the beginning of 1980, per the release.

“We seek to work with Congress to ensure that the Commission has the resources and tools it needs to vigorously protect the American people from unlawful mergers and conduct,” Khan said in the testimony.