Andrew N. Ferguson
{{Short description|American lawyer, politician (born 1986)}}
{{Infobox officeholder
| name = Andrew Ferguson
| image = Andrew N. Ferguson, FTC Commissioner.jpg
| caption = Official portrait, 2024
| office = Chair of the Federal Trade Commission
| president = Donald Trump
| term_start = January 20, 2025
| term_end =
| predecessor = Lina Khan
| successor =
| office1 = Commissioner of the Federal Trade Commission
| president1 = Joe Biden
Donald Trump
| term_start1 = April 2, 2024
| term_end1 =
| predecessor1 = Noah J. Phillips
| successor1 =
| birth_date = {{birth date and age|1986|6|17}}
| birth_place = Harrisonburg, Virginia, U.S.
| death_date =
| death_place =
| party = Republican
| education = University of Virginia (BA, JD)
}}
Andrew N. Ferguson (born June 17, 1986) is an American attorney serving as the chairman of the Federal Trade Commission since January 2025. Ferguson has been an FTC commissioner since 2024.Hendel, John (10 December 2024). [https://www.politico.com/news/2024/12/10/andrew-ferguson-ftc-chair-trump-00193517 "Trump Picks FTC Commissioner Andrew Ferguson to Lead the Agency."] Politico. Retrieved 17 December 2024. 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,{{cite web |title=Andrew Ferguson Senate Commerce Committee Questionnaire |url=https://www.commerce.senate.gov/services/files/20373F4E-2C82-41F0-B74C-5C9A1F50C743}} and grew up in the surrounding areas of Rockingham County.{{Cite web |date=2023-07-03 |title=President Biden Announces Nominees to Bipartisan Boards and Commissions |url=https://bidenwhitehouse.archives.gov/briefing-room/statements-releases/2023/07/03/president-biden-announces-nominees-to-bipartisan-boards-and-commissions/ |access-date=2023-07-04 |website=The White House |language=en-US}}{{PD-notice}}{{cite web |last1=Flynn |first1=Erin |title=Climbing His Way To The Top |url=https://www.dnronline.com/news/climbing-his-way-to-the-top/article_d6729c5b-fa58-522b-a43d-9d9f720af014.html |website=Daily News-Record |language=en |date=6 April 2016}} His father was an academic vice president at Bridgewater College, and his mother was a professor of accounting at James Madison University.
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. 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.
Legal career
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 Federal Trade Commission and United States Department of Justice. From 2016 to 2017, he clerked for Justice Clarence Thomas of the U.S. Supreme Court.
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. He served as chief counsel to Mitch McConnell from 2019 until 2021. In that role, he was leader McConnell's chief legal advisor and judicial confirmation strategist.
In January 2022, Ferguson was selected by then attorney general of Virginia-elect Jason Miyares as the solicitor general.{{Cite web |date=2021-12-08 |title=Miyares picks ex-McConnell counsel as solicitor general |url=https://apnews.com/article/us-supreme-court-virginia-mitch-mcconnell-congress-supreme-court-of-virginia-1bf4927157410fb987f6395dffcd2797 |access-date=2023-07-04 |website=Associated Press |language=en}} He succeeded Michelle Kallen the following month.{{Cite web |last=Steger |first=Preston |date=January 14, 2022 |title=Jason Miyares shakes up staff before becoming Virginia's attorney general |url=https://www.13newsnow.com/article/news/politics/jason-miyares-virginia-attorney-general-staff/291-57af46fa-e2e6-4eb7-ba39-8de87d99bf8d |access-date=2023-07-04 |website=13newsnow.com |language=en-US}} He oversees the appellate litigation of Virginia and its agencies; represents Virginia before the Supreme Court of the United States, the Supreme Court of Virginia and the federal courts of appeals; and defends Virginia's statutes and regulations from constitutional challenge.
Federal Trade Commission
=Appointment=
A Republican, Ferguson was nominated by U.S. president Joe Biden in July 2023 to serve as a member of the Federal Trade Commission.{{Cite news |date=2023-07-03 |title=Biden names two Republican nominees for FTC commissioner, White House says |language=en |work=Reuters |url=https://www.reuters.com/world/us/biden-names-two-nominees-ftc-commissioner-white-house-says-2023-07-03/ |access-date=2023-07-04}} Ferguson's nomination was reported favorably by the United States Senate Committee on Commerce, Science, and Transportation on October 18, 2023, by voice vote.[https://www.commerce.senate.gov/2023/10/cantwell-committee-sends-faa-administrator-to-full-senate-with-unanimous-approval "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] His nomination was confirmed by the full U.S. Senate by voice vote on March 7, 2024.[https://www.congress.gov/nomination/118th-congress/799 "PN799 — Andrew N. Ferguson — Federal Trade Commission" United States Senate, March 7, 2024]
=Commissioner=
In June 2024, Ferguson, dissented when the Commission issued a final rule banning non-compete clauses in most employment contracts.{{cite news |last1=Moreno |first1=J. Edward |title=F.T.C. Issues Ban on Worker Noncompete Clauses |url=https://www.nytimes.com/2024/04/23/business/noncompete-clause-ban.html |access-date=30 November 2024 |work=The New York Times |date=24 April 2024 |page=A1}}[https://www.ftc.gov/system/files/ftc_gov/pdf/ferguson-noncompete-dissent.pdf 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). In August 2024, U.S. District Judge Ada Brown issued a nationwide injunction prohibiting enforcement of the rule.{{cite news |last1=Kay |first1=Danielle |title=Judge Blocks F.T.C.'s Noncompete Rule |url=https://www.nytimes.com/2024/08/20/business/economy/noncompete-ban-ftc-texas.html |access-date=30 November 2024 |work=The New York Times |date=20 August 2024}}
In September 2024, Ferguson dissented when the Commission conditioned approval of the $53 billion acquisition of Hess Corporation by Chevron Corporation upon the prohibition of John B. Hess from the company's board.{{cite news |last1=Godoy |first1=Jody |title=US FTC allows Chevron-Hess deal, bars John Hess from board |url=https://www.reuters.com/markets/deals/ftc-allows-chevron-hess-deal-bars-john-hess-board-2024-09-30/ |access-date=30 October 2024 |work=Reuters |date=30 September 2024}}Dissenting Statement of Commissioner Andrew N. Ferguson In the Matter of Chevron Corporation and Hess Corporation, FTC File No. 241-0008, {{Federal Register|89|80563}} (October 3, 2024)
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.{{cite news |last1=Wise |first1=Justin |title=Republican FTC Commissioner Provokes Spat Over In-House Judges |url=https://news.bloomberglaw.com/antitrust/republican-ftc-commissioner-provokes-spat-over-in-house-judges |access-date=30 October 2024 |work=Bloomberg Law |date=22 October 2024}}[https://www.ftc.gov/system/files/ftc_gov/pdf/hrblock-ferguson-statement-dissenting-in-part-and-concurring-in-denial-of-motion.pdf 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 (Oct. 18, 2024)
= 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.{{Cite web |date=2025-01-27 |title=Andrew N. Ferguson Takes Over as FTC Chairman {{!}} Federal Trade Commission |url=https://www.ftc.gov/news-events/news/press-releases/2025/01/andrew-n-ferguson-takes-over-ftc-chairman |archive-url=https://web.archive.org/web/20250127231721/https://www.ftc.gov/news-events/news/press-releases/2025/01/andrew-n-ferguson-takes-over-ftc-chairman |url-status=dead |archive-date=2025-01-27 |access-date=2025-01-30 }} His position as chairman did not need to be confirmed by the Senate, since he was already confirmed to serve on the Commission. He has stated intentions to ease his predecessor's scrutiny of business mergers and acquisitions, while continuing critical oversight of big tech platforms.{{Cite news |last1=Kang |first1=Cecilia |last2=McCabe |first2=David |date=2024-12-10 |title=Trump Picks Andrew Ferguson to Lead Federal Trade Commission |url=https://www.nytimes.com/2024/12/10/technology/trump-ftc-andrew-ferguson.html |access-date=2025-01-08 |work=The New York Times |language=en-US |issn=0362-4331}}
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 where consumers’ personal information such as location and web usage individually adjust pricing.Cabrey, Erin (2025-01-24). [https://www.retailbrew.com/stories/2025/01/24/new-ftc-chair-shuts-down-public-comment-on-retailers-surveillance-pricing "New FTC Chair Shuts Down Public Comment on Retailers' Surveillance Pricing."] Retail Brew. Retrieved 2025-05-23. This occurred after the FTC had found in an earlier study that companies have indeed used consumer data to adjust and target prices.[https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer "FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices"] (2025-01-17). Federal Trade Commission (FTC.gov). Retrieved 2025-05-23.
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.{{Cite web |date=2025-06-05 |title=The FTC Takes On Kids’ Online Safety |url=https://www.politico.com/newsletters/future-pulse/2025/06/05/the-ftc-takes-on-kids-online-safety-00388839 |access-date=2025-06-05 |work=Politico}}
References
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Category:21st-century American lawyers
Category:21st-century United States government officials
Category:People from Harrisonburg, Virginia
Category:Second Trump administration personnel
Category:Solicitors general of Virginia