Bedoya Confirmation Puts Democrats Back In Control Of Privacy, Antitrust Enforcement At FTC

On May 16, 2022, eight months after President Joe Biden announced his intention to nominate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission, Bedoya was sworn in. The FTC includes five commissioners - only three of which can be from the same political party - and had been split 2-2 since October 2021.

During that time, FTC Chair Lina Khan had been limited in her ability to move her competition and consumer protection agendas, as she needed a third Republican commissioner to bring enforcement actions, issue new regulations and even commence studies.

Bedoya's arrival brings a likely reliable third vote to support Khan and could be a harbinger of a more aggressive FTC. Bedoya brings extensive experience in privacy issues at a time when the Democratic commissioners have signaled a deep interest in expanding the FTC's privacy enforcement and rulemaking. On the competition docket, Bedoya's vote could allow the majority to bring more aggressive