Andrew N. Ferguson is chairman of the Federal Trade Commission. He previously served as Virginia solicitor general, chief counsel to Senate Republican leader Mitch McConnell and a Republican counsel on the Senate Judiciary Committee.
DI has documented statements by Andrew N. Ferguson on Consumer Protection, Federalism, and Labor Policy. Read the quotations, original sources and related cases below.
Role at the time: FTC commissioner at the time, joined by Melissa Holyoak
Condemned
Statement summary
Ferguson argues that the rule exceeds the FTC's lawful authority regardless of policy wisdom.
“Whatever the Final Rule’s wisdom as a matter of public policy, it is unlawful. Congress has not authorized us to issue it. The Constitution forbids it. And it violates the basic requirements of the Administrative Procedure Act.”
Khan defended the FTC's nationwide noncompete rule as a protection for workers and competition. Ferguson challenged its legal authority. The rule was blocked and is not enforceable; their disagreement concerns the scope of FTC power.
