BCLP Partner Quoted in Bloomberg on FTC’s Litigation Challenges

BCLP Partner and former Federal Trade Commission (FTC) Lead Investigative attorney David B. Schwartz was recently quoted in Bloomberg discussing the legal landscape facing the FTC under its new Chairman, Andrew Ferguson. As Mr. Ferguson steps into the role, companies are citing his past dissents to challenge agency actions, raising questions about how he will direct the FTC’s resources while shaping its enforcement agenda:

“The overall caseload he’s left with—including a trial against Meta Platforms Inc. in April and a case against drug middlemen—creates a question on how Ferguson will direct the agency’s resources,” said David. “The FTC’s litigation burden is as high as it’s ever been. The key difference now is that none of those cases are merger cases, and we know those cases are coming.”

The article also examines how external factors, including the Trump administration’s federal hiring freeze and broader workforce restructuring efforts, may affect the FTC’s ability to manage its workload. With these challenges in play, the agency’s approach to competition enforcement remains a key area of focus.  Now more than ever, clients need to carefully understand the opportunities and pitfalls that Mr. Ferguson’s FTC presents.

Read the full article in the link here.