Path For Democrat-Led FTC Opens as Senate Advances Last Nominee

(Bloomberg) — The Federal Trade Commission may soon have a Democratic majority, allowing the agency to move forward with an aggressive enforcement agenda.

The Senate advanced the nomination of Alvaro Bedoya as a commissioner on the FTC Wednesday, which had been blocked by Republicans in the Senate Commerce, Science, and Transportation Committee for months. Vice President Kamala Harris broke the party-line vote.   

Bedoya’s confirmation would create a Democratic majority at the FTC and facilitate the progressive agenda outlined by Chair Lina Khan. A final confirmation vote, however, likely won’t take place until after the Senate’s two-week Easter recess, as Schumer plans to spend next week on confirming Supreme Court nominee Ketanji Brown Jackson.

“Without Mr. Bedoya, the FTC and members are left handicapped and incapable of moving forward,” said Senate Majority Leader Chuck Schumer, who initiated the process of side-stepping the committee deadlock, known as a discharge. 

Democrats used the same maneuver Tuesday to advance Federal Reserve nominee Lisa Cook. Another deadlocked appointee, Gigi Sohn, is expected to be advanced through similar methods; her nomination to the Federal Communications Commission has been stalled along party lines in the Senate Commerce Committee.

For more on Gigi Sohn: Biden’s FCC Is Having Trouble Getting Started

As an expert on technology law, Bedoya will bolster the commission’s expertise in privacy and data security, which is increasingly a priority in addition to antitrust enforcement. He currently leads the Center on Privacy & Technology at Georgetown’s law school, focusing on the intersection of civil rights and technology. He co-authored an influential 2016 report on the use of facial-recognition technology by police departments.

The five-member FTC has been split 2-2 between Democrats and Republicans since October, limiting Khan’s power to bring cases. If Bedoya is confirmed, the agency is expected to pursue more proactive enforcement, including toughening rules on mergers and data privacy. 

For more: Amazon’s FTC Nemesis Is Dealt a Setback on MGM Deal — for Now  

The deadlock was on full display earlier this month as Amazon.com Inc. closed its acquisition of movie studio Metro-Goldwyn-Mayer without intervention from the FTC. The agency has suggested that it could still challenge the Amazon-MGM deal.

(Updates with details from vote Wednesday)

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