Andrew N. Ferguson

Andrew Ferguson
Official portrait, 2024
Chair of the Federal Trade Commission
Incumbent
Assumed office
January 20, 2025
PresidentDonald Trump
Preceded byLina Khan
Commissioner of the Federal Trade Commission
Incumbent
Assumed office
April 2, 2024
PresidentJoe Biden
Donald Trump
Preceded byNoah J. Phillips
Personal details
Born (1986-06-17) June 17, 1986
Harrisonburg, Virginia, U.S.
PartyRepublican
EducationUniversity of Virginia (BA, JD)

Andrew N. Ferguson (born June 17, 1986) is an American lawyer and government official serving since 2025 as the 57th chairman of the Federal Trade Commission (FTC). A member of the Republican Party, he has served as an FTC commissioner since 2024.[1] He previously served as solicitor general of Virginia from 2022 to 2024.

Early life and education

Ferguson was born on June 17, 1986, in Harrisonburg, Virginia,[2] and grew up in the surrounding areas of Rockingham County.[3][4] His father was an academic vice president at Bridgewater College, and his mother was a professor of accounting at James Madison University.[4]

After graduating from Eastern Mennonite School in 2005, Ferguson studied history at the University of Virginia, graduating in 2009 with a Bachelor of Arts with highest distinction.[4] He then attended the William & Mary Law School for one year before transferring to the University of Virginia School of Law, where he was an articles editor of the Virginia Law Review. He graduated in 2012 with a Juris Doctor.[3]

After law school, Ferguson was a law clerk to judge Karen L. Henderson of the U.S. Court of Appeals for the District of Columbia Circuit. He practiced antitrust law at the law firms Covington & Burling, Bancroft PLLC, and Sidley Austin, where he represented clients in private antitrust litigation and before the FTC and United States Department of Justice.[3] From 2016 to 2017, he clerked for Justice Clarence Thomas of the U.S. Supreme Court.[3]

Ferguson then served as chief counsel for nominations and the constitution to then chairman of the United States Senate Committee on the Judiciary, Lindsey Graham, and as senior special counsel to then-judiciary committee chairman Chuck Grassley.[3] He served as chief counsel to Mitch McConnell from 2019 until 2021.[3] In that role, he was leader McConnell's chief legal advisor and judicial confirmation strategist.[3]

In January 2022, Ferguson was selected by then attorney general of Virginia-elect Jason Miyares as the solicitor general.[5] He succeeded Michelle Kallen the following month.[6] He oversaw the appellate litigation of Virginia and its agencies; represented Virginia before the Supreme Court of the United States, the Supreme Court of Virginia and the federal courts of appeals; and defended Virginia's statutes and regulations from constitutional challenge.[3]

Federal Trade Commission (FTC)

Nomination and confirmation

A Republican, Ferguson was nominated by U.S. president Joe Biden in July 2023 to serve as a member of the Federal Trade Commission.[7] Ferguson's nomination was reported favorably by the United States Senate Committee on Commerce, Science, and Transportation on October 18, 2023, by voice vote.[8] His nomination was confirmed by the full U.S. Senate by voice vote on March 7, 2024.[9]

Commissioner

In June 2024, Ferguson dissented when the Commission issued a final rule banning non-compete clauses in most employment contracts.[10][11] In August 2024, U.S. district judge Ada Brown issued a nationwide injunction prohibiting enforcement of the rule.[12]

In September 2024, Ferguson disagreed with the Commission's decision to approve Chevron's $53 billion purchase of Hess only on the condition that John B. Hess could not serve on the company's board.[13][14]

In October 2024, Ferguson argued in a partial dissent from a disqualification motion that the removal protections provided to the commission's administrative law judges are unconstitutional.[15][16]

Chairman

In January 2025, Ferguson was chosen by Donald Trump to chair the FTC, replacing Lina Khan, officially taking up the position following the president's inauguration.[17] His position as chairman did not need to be confirmed by the Senate, since he was already confirmed to serve on the Commission.[1] He has stated intentions to ease his predecessor's scrutiny of business mergers and acquisitions, while continuing critical oversight of big tech platforms.[18]

In January 2025, the FTC under Ferguson closed public comment on surveillance pricing, a price altering tool some online retailers like Amazon have been accused of using. In surveillance pricing, companies use consumers' personal information such as location and web usage to adjust the price for each individual.[19] This occurred after the FTC had found in an earlier study that companies have indeed used consumer data to adjust and target prices.[20]

In June 2025, the FTC under Ferguson initiated enforcement actions targeting major social media companies to limit the collection and use of personal data from children under 13, citing concerns over privacy and online safety.[21]

According to Bloomberg, despite expectations to ease business restrictions, Ferguson has kept aggressive cases against Meta Platforms and Amazon, as well as continuing Biden-era investigations of Microsoft.[22]

In January 2025, Ferguson dissented as a commissioner from the FTC's decision to file an antitrust complaint against John Deere, but later obtained a consent decree as FTC Chairman in July 2026 that resolved the litigation by granting farmers and independent repair providers greater access to diagnostic software and tools for 10-years in exchange for the FTC dropping the lawsuit.[23][24]

References

  1. 1 2 Hendel, John (December 10, 2024). "Trump Picks FTC Commissioner Andrew Ferguson to Lead the Agency." Politico. Retrieved December 17, 2024.
  2. ↑ "Andrew Ferguson Senate Commerce Committee Questionnaire".
  3. 1 2 3 4 5 6 7 8 "President Biden Announces Nominees to Bipartisan Boards and Commissions". The White House. July 3, 2023. Retrieved July 4, 2023.Public Domain This article incorporates text from this source, which is in the public domain.
  4. 1 2 3 Flynn, Erin (April 6, 2016). "Climbing His Way To The Top". Daily News-Record.
  5. ↑ "Miyares picks ex-McConnell counsel as solicitor general". Associated Press. December 8, 2021. Retrieved July 4, 2023.
  6. ↑ Steger, Preston (January 14, 2022). "Jason Miyares shakes up staff before becoming Virginia's attorney general". 13newsnow.com. Retrieved July 4, 2023.
  7. ↑ "Biden names two Republican nominees for FTC commissioner, White House says". Reuters. July 3, 2023. Retrieved July 4, 2023.
  8. ↑ "Commerce Committee Advances FAA Administrator, FTC Commissioners, CPSC Commissioner and Amtrak Board of Directors" United States Senate Committee on Commerce, Science, and Transportation, October 18, 2023
  9. ↑ "PN799 — Andrew N. Ferguson — Federal Trade Commission" United States Senate, March 7, 2024
  10. ↑ Moreno, J. Edward (April 24, 2024). "F.T.C. Issues Ban on Worker Noncompete Clauses". The New York Times. p. A1. Retrieved November 30, 2024.
  11. ↑ Dissenting Statement of Commissioner Andrew N. Ferguson joined by Commissioner Melissa Holyoak, In the Matter of the Non-Compete Clause Rule, Matter Number P201200 (June 28, 2024).
  12. ↑ Kay, Danielle (August 20, 2024). "Judge Blocks F.T.C.'s Noncompete Rule". The New York Times. Retrieved November 30, 2024.
  13. ↑ Godoy, Jody (September 30, 2024). "US FTC allows Chevron-Hess deal, bars John Hess from board". Reuters. Retrieved October 30, 2024.
  14. ↑ Dissenting Statement of Commissioner Andrew N. Ferguson In the Matter of Chevron Corporation and Hess Corporation, FTC File No. 241-0008, 89 FR 80563 (October 3, 2024)
  15. ↑ Wise, Justin (October 22, 2024). "Republican FTC Commissioner Provokes Spat Over In-House Judges". Bloomberg Law. Retrieved October 30, 2024.
  16. ↑ Statement of Commissioner Andrew N. Ferguson Dissenting in Part and Concurring in the Denial of the Motion In the Matter of H&R Block, Inc., FTC Docket No. 9427 (October 18, 2024)
  17. ↑ "Andrew N. Ferguson Takes Over as FTC Chairman | Federal Trade Commission". January 27, 2025. Archived from the original on January 27, 2025. Retrieved January 30, 2025.
  18. ↑ Kang, Cecilia; McCabe, David (December 10, 2024). "Trump Picks Andrew Ferguson to Lead Federal Trade Commission". The New York Times. ISSN 0362-4331. Retrieved January 8, 2025.
  19. ↑ Cabrey, Erin (January 24, 2025). "New FTC Chair Shuts Down Public Comment on Retailers' Surveillance Pricing." Retail Brew. Retrieved 2025-05-23.
  20. ↑ "FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices" (January 17, 2025). Federal Trade Commission (FTC.gov). Retrieved 2025-05-23.
  21. ↑ "The FTC Takes On Kids' Online Safety". Politico. June 5, 2025. Retrieved June 5, 2025.
  22. ↑ Sisco, Josh (July 13, 2025). "Trump's FTC Chairman Is Becoming MAGA's Answer to Lina Khan". Bloomberg News. Retrieved July 13, 2025.
  23. ↑ Kambli, Abhishek (July 29, 2026). "Deere Case Shows Antitrust Enforcers' Focus on Deals, Not Trials". Bloomberg Law News. Retrieved August 2, 2026.
  24. ↑ DeWitt, Jennifer (July 9, 2026). "John Deere settles with FTC, states over right to repair suit". Corridor Business Journal. Retrieved August 2, 2026.
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