What To Expect At The FTC Pre And Post-Inauguration

With the election decided, the speculation has begun. In our area of the law, that means a number of things, including what will happen at the FTC – with the current Commission and Chair Khan, with recently announced rules and those forthcoming, and with pending and future investigations, amongst other issues. Here are some of the questions that we have been fielding:

When Will Lina Khan be Replaced? Will She Hold Over? While Chair Khan's commissioner term expired in September 2024, she could remain on the Commission until a replacement commissioner is confirmed (even after a new acting chair has been named), or until Trump attempts to remove her for "inefficiency, neglect of duty, or malfeasance in office." That said, historically, the chair resigns before inauguration and it seems likely that Chair Khan will do the same. It is possible that she resigns before then to return to Columbia University for the Spring semester, although we think it is more likely that