The Senate anticipates the appointment of Alvaro Bedoya; Confirmation would break the FTC deadlock

The Senate has at least pushed for Álvaro Bedoya’s nomination to the Federal Trade Commission as Democrats seek to end the committee’s deadlock and develop an agenda that is likely to take a tougher line towards corporate consolidation and tech giants.

The vote was 51-50 on Wednesday, with Vice President Kamala Harris breaking the draw. The Senate Commerce Committee split 14-14 candidates earlier this month, meaning Democrats had to use a tougher legislative maneuver to push him into what is called a sacking petition. The Bedouins now face additional votes in the Senate before confirmation, but that could happen if all members of the Democratic caucus unite.

FTC President Lina Khan did not oppose Amazon’s acquisition of MGM until the two companies closed the transaction, to the dismay of some unions and public interest groups, who urged the agency to take a harder line. But any attempt to contest the merger would likely be hampered by the lack of a Democratic majority in the FTC, as two Republican commissioners would have to vote against contesting the deal.

However, the Writers Guild of America, the Teamsters, and other groups have asked the FTC to protest the transaction even after the merger. Even an FTC spokesperson did not rule out a similar scenario. The FTC does not comment on specific topics. However, we reiterate that the commission does not approve the transactions and can appeal at any time if it determines that it violates the law, “the spokesperson said.

Republicans questioned Bedouin’s appointment, claiming he would have been too supportive of the agency, citing some previous social media posts.

It is not yet clear when the Senate will move on to Gigi Son’s candidacy for the FCC. This nomination also hit a dead end in the Senate Commerce Committee.

Bedoya is the founding director of Georgetown Law’s Center for Privacy and Technology. The FTC should take action to provide Internet companies with a comprehensive set of privacy policies. The FTC and the Antitrust Division of the Department of Justice are reviewing the merger guidelines, anticipating that they will lead to stricter enforcement.