The Senate Commerce Committee voted yesterday to advance President Biden’s nomination of Lina Khan to serve as FTC Commissioner.  Only four Republican Senators voted not to advance Ms. Khan, which is viewed as an indication of bipartisan support for a change in the FTC’s approach to antitrust regulation and enforcement.  The nomination now moves to a vote by the full Senate.

If confirmed, Ms. Khan will fill the FTC seat vacated by former FTC Chairman Joseph Simons and create a 3-2 Democratic majority, with the Democratic Commissioners consisting of Ms. Khan, Rohit Chopra, and Rebecca Slaughter (who current serves as Acting Chairwoman.)  We understand that to avoid the 2-1 Republican majority that would result if Mr. Chopra were to resign from the FTC before Mr. Simons’ seat is filled, the White House has sought to delay a Senate vote on Mr. Chopra’s confirmation as CFPB Director.  If Ms. Khan is confirmed, we assume a vote will then be scheduled on Mr. Chopra’s confirmation.