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Bipartisan Split?

If Slate of New Nominees Confirmed, FTC Would Be 3-1

If the Senate confirms all of President Donald Trump's four FTC nominees (see here and 1801250055), the agency would have a 3-1 Republican/Democrat split. Joseph Simons, whom the administration previously said it would designate chairman, would replace current acting Chairman Maureen Ohlhausen, who would then leave to be a judge if she were confirmed.

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Simons would then replace Commissioner Terrell McSweeny, whose term expired but who can stay under current legislative-appointment rules. McSweeny has been the lone Democrat on the agency while Ohlhausen was the only Republican, leaving the FTC with a 1-1 split by party. "Once these nominees submit all required documentation, the Commerce Committee will expeditiously move forward with a confirmation hearing," a Senate Commerce Committee spokesman told us.

FTC watchers got some news Thursday when Trump picked Delta Air Lines' Christine Wilson as commissioner, as the White House had already said it would nominate the other three members of the slate. The former top aide to FTC Chairman Timothy Muris in the George W. Bush administration, Wilson is an antitrust and consumer protection expert and senior vice president-regulatory and international affairs at Delta, the administration said. "For over twenty years, Ms. Wilson has been an advocate of the fundamental principle that competition -- not regulation -- is the best protection for consumers and the strongest prescription for a healthy economy," it continued. "Both in government and private practice, she has contributed to the sound development of competition law and policy."

Wilson would be a commission member for the rest of Ohlhausen's term and then seven years from Sept. 26, the White House said. Delta and McSweeny didn't comment, and the White House didn't comment further.

The other nominees, whom the White House previously said it was selecting: former Consumer Financial Protection Bureau Assistant Director Rohit Chopra and Capitol Hill aide Noah Phillips. Simons would get "the term of seven years from September 26, 2017, vice Terrell McSweeny, term expired," said the administration. The paperwork for Simons and Chopra previously was sent to the Senate but was held up (see 1710190055) for Phillips, chief counsel to Sen. John Cornyn, R-Texas. Phillips has worked "on issues including antitrust, constitutional law, consumer privacy, fraud, and intellectual property," the White House said. Chopra would fill the term of Joshua Wright and his term would end Sept. 26, 2019, while Phillips would get the term that Julie Brill filled before she left and that would end Sept. 26, 2024.

Ohlhausen congratulated Chopra, Phillips and Wilson on their commissioner nominations and Simons for being put forth as chairman. "I wish them all well in their respective confirmation processes,” she said. The agency didn't provide more details in response to our queries.