FTC Commissioner Wilson, Sole Republican, Resigns

Writing that Federal Trade Commission (FTC) Chair Lina Khan’s “disregard for the rule of law and due process make it impossible for me to continue serving,” Commissioner Christine Wilson, the only Republican appointee, will resign her position “soon.”
Her “noisy exit,” as she termed it, took the form of an op-ed in The Wall Street Journal.
An antitrust lawyer, Wilson accused Khan of “abuses of government power," consolidation of power within her office, “breaking decades of bipartisan precedent and undermining the commission structure that Congress wrote into law.”
As an example, she wrote that Khan spurned “due-process considerations and federal ethics obligations" by not recusing herself in the case of the FTC’s challenge to Meta’s acquisition of virtual-reality gaming company Within. As a congressional staffer, Wilson said, Khan wrote a report that argued that Meta should be blocked from making any future acquisitions.
“The law is clear,” Wilson wrote, citing appellate decisions that ruled that someone who had investigated a company as a congressional staffer could not judge or rule on a case. She claimed that, in this case, Khan’s participation would deny the two companies their due process rights.
Her dissent was heavily redacted by two Democratic-appointed commissioners, she claimed.
Wilson also disagreed with the FTC’s proposed rule to ban noncompete clauses in employee contracts on the grounds that it defies a 2022 Supreme Court decision “that an agency can’t claim to discover in a long-extant statute an unheralded power representing a transformative expansion in its regulatory authority.”
Citing failed legislative attempts to halt or restrict mergers, Wilson wrote that, under Kahn’s leadership, “[a]buse of regulatory authority now substitutes for unfulfilled legislative desires.”
In response, Khan said in a joint statement with two Democratic FTC commissioners, Rebecca Slaughter and Alvaro Bedoya, “While we often disagreed with Commissioner Wilson, we respect her devotion to her beliefs and are grateful for her public service," the New York Times reported.
The Times also reported that Khan has defended her actions, saying that the FTC's previous permissive approach to mergers had allowed companies such as Google, Meta and Amazon to greatly increase in size and to buy up their competition.
Before Biden nominated her to head up the FTC, Khan gained attention through her participation in a 2000 congressional report that called for the breakup of tech monopolies.