FTC’s Phillips Steps Down, Leaves Agency With Republican Vacancy

Federal Trade Commissioner Noah Phillips will step down from his position Friday, leaving a Republican vacancy at the antitrust and consumer protection agency.

(Bloomberg) — Federal Trade Commissioner Noah Phillips will step down from his position Friday, leaving a Republican vacancy at the antitrust and consumer protection agency.

Phillips, a former Senate staffer, joined the agency in May 2018.

He announced his intent to resign in August.

His departure will take the five-member commission down to four, with three Democrats and one Republican. 

Phillips has been an antagonist to FTC Chair Lina Khan, frequently voting against cases and policy statements she has made a priority.

He twice voted against the agency’s monopolization case challenging Meta Platforms Inc. and more recently voted against a lawsuit to block Meta from acquiring virtual reality startup Within Unlimited.

He has also opposed Khan’s efforts to undertake rulemaking, voting against a proposal this summer for FTC rules on “commercial surveillance.”

Khan, in a statement, made no mention of any ill-will toward Phillips.

“I’m grateful to Commissioner Phillips for his service to the FTC and to the American public,” Khan wrote.

“Our agency has greatly benefited from his intellect and insights. I have appreciated his respectful engagement, especially when we’ve disagreed, and very much enjoyed being his colleague.”

President Joe Biden will select Phillips’ successor, though the president generally defers to Senate Minority Leader Mitch McConnell of Kentucky to suggest candidates to fill Republican vacancies.

McConnell has been meeting with possible candidates since Phillips announced his resignation.       

Possible contenders include Mark Meador, a staffer for Utah Senator Mike Lee, the top Republican on Senate Judiciary’s antitrust panel; Svetlana Gans, a partner at the law firm Gibson Dunn & Crutcher LLP who served as chief of staff to former FTC Acting Chair Maureen Ohlhausen; and Olivia Trusty, a senior aide to Mississippi Senator Roger Wicker, the top Republican on the Senate Commerce Committee.

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