27 December 2024

Investing.com – President-elect Donald Trump announced his intention to promote current Federal Trade Commission Commissioner Andrew Ferguson to chair, with a transition expected to occur next month.

While Ferguson has indicated his support for deregulation policies, particularly in emerging fields such as artificial intelligence, he has expressed skepticism towards big technology companies, including Meta (NASDAQ:), Google (NASDAQ:), and Microsoft (NASDAQ:), Amazon (NASDAQ:) and Apple (NASDAQ:) stand out.

According to Ferguson, his priorities as chairman will include reversing many of the policies implemented under current FTC Chairwoman Lina Khan.

It is worth noting that he stated that he would “stop Lina Khan's war on mergers.” Most mergers benefit Americans and foster capital mobility that fuels innovation.

Regarding AI regulation, Ferguson pledged to “end the FTC's attempt to become an AI regulator.”

However, his deregulatory stance does not extend to big tech companies. Ferguson has promised to “focus antitrust enforcement against Big Tech monopolies, especially those companies that engage in illegal censorship.”

He has also committed to pursuing structural and behavioral remedies under antitrust laws to prevent dominant platforms from using their market position to stifle competition and innovation.

Commenting on this, TD Cowen analysts point out that this may indicate the continuation of significant FTC action.

For example, Ferguson is expected to maintain the agency's aggressive approach in its antitrust suit against Amazon, with little prospect of settlement before a trial date is set for mid-2026.

“If the FTC wins, his comments suggest he will seek to decoup,” analysts said.

Likewise, Ferguson will likely continue the ongoing investigation into Microsoft, which is said to be focused on the company's practice of potentially tying Azure revenue to Office365.

Meta is also expected to remain in the FTC's crosshairs, as the agency continues its uphill legal battle to force it to divest Instagram.

Ferguson may also go after Meta and Google over allegations of censorship, pointing to a 2020 executive order directing the FTC to examine “unfair or deceptive acts or practices” related to speech moderation by entities covered by Section 230.

“In other words, even content protected under 230 may be considered illegal by the FTC,” the analysts noted.

Another area of ​​focus could be generative AI mergers and acquisitions (M&A). Ferguson's comments raise questions about whether the largest technology companies will face heightened scrutiny in their attempts to acquire parts of the AI ​​ecosystem.

This may complicate efforts by technology giants to leverage mergers and acquisitions as a strategy to manage risk and maximize opportunities in this fast-growing field.

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