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Exclusive: FTC Commissioner Andrew Ferguson’s First Interview – 6/17/24 Edition

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  • June 17, 2024
In this edition
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    1. Exclusive with FTC Commissioner Andrew Ferguson

    By: Matthew Foldi

    Republican Commissioner of the Federal Trade Commission (FTC) Andrew Ferguson clerked for U.S. Supreme Court Justice Clarence Thomas, was Sen. Mitch McConnell’s (R., Ky.) chief counsel, and became the solicitor general of Virginia — all in less than 12 years after earning his law degree from the University of Virginia — before he was sworn into his current role on April 4.

    Ferguson explained in an interview with the Reporter why commissioners divide into partisanship (“when the commission is pushing the envelope”); when the FTC should work with foreign regulators (“but we should never ask our enforcement partners abroad to do our dirty work. We cannot use foreign enforcers to circumvent limits on our own authority”); and how to succeed on the Hill (“first, be patient and charitable to everyone. You should do this because it is virtuous. If St. Thomas and Aristotle don’t convince you, do it because it’ll help you in the long run”).

    Click here to read the full interview.

    Array

    What is your perspective on the Federal Trade Commission’s (FTC) role in working with foreign entities — especially the European Commission — on antitrust enforcement? Is this the proper role for the Commission?

    foldi

    Matthew Foldi

    Editor-in-Chief

    Whether we like it or not, markets are global. American companies do business abroad, and foreign companies do business here. There are therefore many instances where we must collaborate with our international counterparts on enforcement matters. This is especially true when we are trying to obtain evidence from a foreign witness or third party.

    Our regular engagement with foreign counterparts also helps promote a more consistent, principled application of antitrust laws across the globe, which can safeguard U.S. companies from the potentially protectionist application of antitrust laws in other countries. But we should never ask our enforcement partners abroad to do our dirty work. We cannot use foreign enforcers to circumvent limits on our own authority.

    ferguson

    Andrew Ferguson

    FTC Commissioner

    2. House and Senate updates

    House: 

    • The House is in recess all week
    • Look to primaries in Virginia and Oklahoma tomorrow night

    Senate:

    • The Senate comes in this afternoon for two nomination votes: a DC Superior Court Judge and a District Judge.
    • The ADVANCE Fire Grant Act is likely to see a vote some time Tuesday.
    • The Senate Foreign Relations Committee’s Near East subcommittee is poised to grill top officials from both the State Department and the United States Agency for International Development (USAID) about Biden’s Middle East policy during a Tuesday hearing on next year’s budget
    • The Senate is out of session for Juneteenth on Wednesday.
    • Schumer is likely to file cloture on Tuesday for a vote on Thursday.

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    3. Heard on the Hill

    What we’re hearing from people we trust on and around the Hill – please send us more tips!

    • Save the date: As first reported by the Washington Reporter, the House Committee on Energy and Commerce’s markup date for its sweeping privacy bill will likely be June 26.
    • Big tech 1: Rep. Matt Gaetz (R., Fla.) is rumored to be the lead Republican on the House version of Sen. Amy Klobuchar (D., Minn.) and Sen. Chuck Grassley’s (R., Iowa) American Innovation and Choice Online Act House bill (AICOA). Rep. Jerry Nadler (D., N.Y.) is the lead Democrat. The bill is aimed at stopping self-preferencing among tech giants. However, Democrats have been waiting to roll out the bill, hoping for a different Republican lead. Last Congress this legislation cleared the House Judiciary Committee and Senate Judiciary Committee with bipartisan support.
    • Big tech 2: Reps. Lori Trahan (D., Mass.) and Kat Cammack (R., Fla.) are negotiating over a House version of the Open App Markets Act (OAMA). If they can’t come to an agreement, Cammack may go it alone. This legislation is widely popular, with polling finding over 60 percent of voters approve, and passed the Senate Judiciary Committee 20-2 last Congress. Sen. Marsha Blackburn (R., Tenn.) is the lead in the Senate.
    • Carpetbag central: Looking ahead to Tuesday’s primaries, Rep. Tom Cole (R., Okla.) is facing a self-funded primary challenger named Paul Bondar who was recently caught campaigning from Texas, where he voted from earlier this year, by a local news outlet. Cole has the endorsement of President Trump.
    • Good’s news: Rep. Bob Good’s (R., Va.) campaign tells the Reporter that he’s not going down without a fight on Tuesday. Good’s campaign made 208,000 voter contacts in a district that had fewer than half that in the presidential primary, we’re told. Some of Good’s intra-party foes sent High Noon-branded buses of Republican staffers to campaign for his Trump-endorsed opponent this weekend.

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    4. Scoop: Arabella Advisors expands its dark money orbit

    By: Matthew Foldi

    Democrats have expanded their dark money network’s reach this year to target issues such as big tech and tax policies. Business records reviewed by the Washington Reporter reveal several new projects of Arabella Advisors, a dark money Democratic superpower, that Republicans should pay close attention to.

    • Earlier this month, the North Fund registered Trending Up, which appears to be related to a private event sponsored by the Hub Project, which is itself “a project of the New Venture Fund” and “a project of the Sixteen Thirty Fund.” The New Venture Fund is the largest of the 501(c)(3)s managed by Arabella Advisors; the Sixteenth Thirty Fund is its sister 501(c)(4) non-profit. Both are administered by Arabella Advisors. Social media posts by liberal influencers indicate that last month’s Trending Up conference focused on guiding creators in using their platforms to further liberal causes.
    • In April, the Sixteen Thirty Fund added The Payback to its network. Its goal is to forcefully push back against a renewal of the Trump-era tax cuts. “THIS IS OUR MOMENT,” the organization says on its site. “IN 2025, THE CLOCK RUNS OUT ON KEY PROVISIONS OF THE TRUMP TAX SCAM. CONGRESS MUST REVERSE DECADES OF FAILED TRICKLE DOWN POLICIES. IT’S TIME FOR US TO TAKE BACK WHAT’S OURS.”
    • In March, the New Venture Fund registered the Resilient Elections Network. Little is currently known about this project; it is listed as “a fiscally sponsored project of Sixteen Thirty Fund” on aligned websites.
    • In February, the Sixteen Thirty Fund added the Rural Victory Fund and the Windward Fund added the Heartland Fund. Together, these projects make up the Rural Democracy Initiative, which seeks Democratic Party gains in rural communities.
    • In January, the Hopewell Fund registered the Heat Initiative. The project has a corporate angle: For months it has attacked Apple, and no other organization, on child safety issues. Its website has a specific “Apple Campaign” tab dedicated to slamming the tech company.

    Arabella’s recent activity suggests that the Left is ramping up for a fight on multiple fronts. As the 2024 election heats up, these organizations, and possibly future ones, may play a leading role in day-to-day political combat.

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    5. Op-ed: Rep. Andy Barr (R., Ky.) on why defending Taiwan is vital to our national security

    By: Rep. Andy Barr (R., Ky.)

    I recently traveled to Taiwan with a bipartisan congressional delegation consisting of members of the House Foreign Affairs and Armed Services Committees. We were the first American delegation to visit with Taiwan’s new President Lai Ching-te and Vice President Hsiao Bi-khim since their May 20th inauguration.

    The trip was more than a routine diplomatic mission. It was purposely designed to demonstrate an unwavering commitment to Taiwan at a time of serious and escalating tensions with the People’s Republic of China (PRC).

    We traveled despite bellicose calls from Beijing to end our support for the island democracy and despite the Chinese People’s Liberation Army’s (PLA) “Joint Sword” military exercise just before our arrival, involving 111 fighter aircraft and 53 naval ships in the airspace and waters surrounding Taiwan.

    And it came after an escalating period of pressure against Taiwan, including near-daily PLA air operations into Taiwan’s Air Defense Identification Zone, routine Chinese naval and Coast Guard patrols across the Taiwan Strait median line, and unmanned combat aerial vehicle flights near and encircling Taiwan.

    Our bipartisan message was unequivocal: there should be no doubt about American resolve to support Taiwan militarily, diplomatically and economically to deter Communist Chinese aggression.

    Finish Reading why Rep. Andy Barr thinks that a strong Taiwan is essential for the future of global stability and security → click HERE

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    6. Editorial: Hill Republicans: deal with President Trump, not Democrats

    By: Washington Reporter Editors

    Congress may seem inactive, but behind the scenes, members are conducting substantial, bipartisan work on major policy issues. From the Senate Commerce Committee to the Senate Health, Education, Labor, and Pensions Committee, Republicans are negotiating standard-practice bipartisan deals to include in end-of-year, must-pass legislation. Republicans would be wise to hold firm and wait for better deals.

    Read more on why Republicans should maximize their leverage HERE

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    7. What we’re reading

    • The Spectator: Trump takes Capitol Hill, by Ben Domenech
    • Washington Free Beacon: Ford Foundation Sends Millions to Organizations That Have Celebrated Oct. 7 Terrorist Attacks, by Owen Tilman
    • Politico: The Montana candidate recruited by a bogus political group, by Rebecca Kern
    • New York Post: Temu parent company led by top former Chinese Communist officials, by Jon Levine
    • Washington Examiner: The self-immolation of the Washington Post, by Sean Durns

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