FTC Deadlock Stalls Antitrust Enforcement
With only two commissioners, the US Federal Trade Commission faces partisan gridlock, likely preventing it from launching new rulemakings or pursuing contested enforcement actions.
The US Federal Trade Commission is reportedly operating with only two commissioners, creating the potential for 1-1 deadlocks on any action requiring a vote. This partisan gridlock is expected to stall the agency's most ambitious agenda items, including the initiation of new competition rulemakings and the filing of contested enforcement actions or lawsuits that lack bipartisan support.
For sophisticated counsel and clients, this development introduces significant strategic uncertainty. While routine agency operations and investigations led by staff can continue, final commission-level decisions on major mergers or new policy directions may be indefinitely delayed. The deadlock effectively curtails the agency's ability to pursue novel or aggressive antitrust theories that tend to divide commissioners along party lines. The key development to watch is the White House nomination and Senate confirmation of a third commissioner, which is the only path to restoring a functioning voting majority at the agency.