Bloomberg Law Challenge to the FTC's Independence
Aug 8, 2025
William Kovacic, former FTC Chairman and Professor at George Mason University School of Law, discusses critical threats to the Federal Trade Commission's independence, particularly during the Trump administration. He delves into the political impact of dismissing Democratic commissioners and the implications of legal challenges on the agency's autonomy. Kovacic highlights the balance of power between the presidency and Congress, stressing how these dynamics affect consumer protection and regulatory effectiveness in an evolving digital market.
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Removal Limited By 1935 Precedent
- The 1935 Humphrey's Executor limits presidential removal of FTC commissioners to good cause.
- William Kovacic says Trump's dismissals contradicted that statutory protection.
Supreme Court Signals To Revisit Precedent
- Recent rulings hint the Court may overturn Humphrey's Executor.
- Kovacic thinks its survival through 2026 is unlikely.
FTC's 'Independence' Is Misleading
- Kovacic argues the FTC is constrained by White House and Congress controls.
- He prefers 'semi-autonomous' to 'independent'.