Confirmation Of Alvaro Bedoya, Privacy Expert, And Big Tech Critic, Creates New Democratic Majority At The FTC – Antitrust, EU Competition



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On May 11, 2022, the Senate confirmed Alvaro Bedoya by a
celebration-line vote as a commissioner on the Federal Trade Commission,
giving the FTC a full complement of 5 commissioners for the
first time in seven months. Commissioner Bedoya is predicted to assist
push the Biden administration’s continued concentrate on aggressive
antitrust and shopper safety enforcement. 

Commissioner Bedoya is thought to be a privateness knowledgeable, along with his
work specializing in the intersection of know-how and privateness. Before
becoming a member of the FTC, he served as a Visiting Professor of Law at
Georgetown Law, the place he was the Founding Director of the Center on
Privacy & Technology. Commissioner Bedoya is a famous critic of
Big Tech, and it’s anticipated that he’ll grow to be a useful resource in
Chair Lina Khan’s objective to revamp the FTC’s method to each
privateness and antitrust enforcement. (See our prior Competition
Corner posts about Chair Khan’s priorities and the
FTC’s current efforts to ramp up tech investigations.)

With the fifth commissioner confirmed, the FTC is again to full
energy after seven months with a emptiness. The commissioners had been
cut up alongside celebration strains throughout that interval, with two Democrats and
two Republicans. The FTC managed to undertake a prior approval coverage for sure mergers
solely via the controversial use of Rohit Chopra’s so-known as
zombie vote after he had left the FTC to move the Consumer
Financial Protection Bureau.1 The political
division slowed Chair Khan’s agenda to rework the FTC’s
method in areas key to antitrust practitioners and antitrust
enforcement. Cementing a majority will facilitate the Biden
appointees’ efforts to revise the merger pointers the FTC and
the DOJ use to investigate whether or not potential mergers are
anticompetitive2 and take steps towards tech
giants. The addition of Commissioner Bedoya additionally will seemingly assist
expedite FTC efforts to police privateness extra aggressively, together with
doubtlessly initiating rulemaking to handle privateness and knowledge
safety practices

The affirmation of Commissioner Bedoya seemingly will extra
strongly place Big Tech and privateness within the FTC’s highlight.

Footnotes

1. See Fed. Trade
Comm’n, Dissenting Statement of Commissioners
Christine S. Wilson and Noah Joshua Phillips Regarding the
Statement of the Commission on Use of Prior Approval Provision in
Merger Orders 
(Oct. 29, 2021), https://www.ftc.gov/system/files/documents/public_statements/1598095/wilson_phillips_prior_approval_dissenting_statement_102921.pdf.

2. See Agin, et al., FTC
Unilaterally Withdraws 2020 Vertical Merger Guidelines
,
Winston & Strawn: Competition Corner, https://www.winston.com/en/competition-corner/ftc-unilaterally-withdraws-2020-vertical-merger-guidelines.html;
Agin, et al., DOJ and FTC Joint Announcement Signals
Sweeping Changes to Merger Guidelines
, Winston & Strawn:
Competition Corner, https://www.winston.com/en/competition-corner/doj-and-ftc-joint-announcement-signals-sweeping-changes-to-merger-guidelines.html

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