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ARTICLE · 24 SEPTEMBER 2026

The FTC’s Two-Commissioner Deadlock’s Impact On Antitrust Policy

Mayer Brown
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The Federal Trade Commission now operates with only two commissioners following recent departures, creating a structural deadlock that prevents the agency from taking decisive action on mergers and enforcement matters. When commissioners split 1-1 on key decisions, the FTC cannot approve consent orders, challenge transactions, or advance rulemaking initiatives.

United StatesAntitrust/Competition Law
Rachel J. Lamorte
Rachel J. Lamorte
Scott Perlman
Scott Perlman
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Though Congress established the Federal Trade Commission (“FTC”) as a five-member, bipartisan body with no more than three members from the president’s party, it has not infrequently operated with fewer than five commissioners. Following the President’s removal of the two Democratic members of the FTC and another departure, the FTC is down to just two sitting members, Chairman Andrew N. Ferguson and Commissioner Mark R. Meador, with no indication that there will be a full complement. Although two commissioners constitute a quorum, a 1–1 vote on any matter leaves the FTC unable to act.

A consequence of a two-member FTC became visible in July 2026 when the FTC reviewed IonQ’s $1.8 billion acquisition of SkyWater Technology—a transaction combining a quantum computing company with a US-based semiconductor foundry. After issuing a second request and the subsequent investigation, the two commissioners reached fundamentally different conclusions about the transaction:

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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