The move furthers the administration’s agenda to challenge the status of independent agencies.
On March 18, 2025, President Trump removed two Democratic members of the Federal Trade Commission (FTC or the Commission). A Republican nominee for commissioner remains pending before the Senate. The removals, which leave the five-member Commission with two active commissioners, are consistent with the Trump administration’s stated intention to challenge the status of independent federal agencies.
The removals are unlikely to affect many operations of the FTC, such as the acceptance of HSR merger notification forms and decisions on second requests (which are reserved for the Chair), case recommendations, or the litigation of ongoing matters.
According to news reports, the commissioners are expected to challenge their removal and to seek reinstatement. Regardless, the FTC has operated with only two members for significant stretches in the past, and the Commission delegated substantial authority over investigations to the Chair during the Biden administration.
Stakeholders may wish to keep these developments in mind when forming regulatory and litigation strategy.
