FTC Chair Andrew Ferguson Signals Reduction in Administrative Litigation

It has been reported that during his remarks at the 20th Annual Global Antitrust Enforcement Symposium on September 15, 2026, at Georgetown Law Center, Federal Trade Commission (FTC) Chair Andrew Ferguson stated that the agency would stop using its internal administrative process to litigate anticompetitive conduct and consumer protection cases.

Chair Ferguson based his comments on the U.S. Supreme Court’s decision in SEC v. Jarkesy, 603 U.S. 109 (2024). In Jarkesy, the court held that because securities fraud suits resemble traditional common-law fraud claims, the constitutional right to a trial by jury is triggered. In doing so, the court’s decision rejected the ability of agency administrative law judges to impose “legal” remedies.

Against this backdrop, Chair Ferguson noted that many anticompetitive conduct and consumer protection cases implicate private rights and resemble common-law causes of action. Accordingly, Chair Ferguson believed that moving such cases away from the FTC’s administrative process could avoid future constitutional challenges.

Chair Ferguson also pointed out that while merger enforcement does not have its roots in common law, the FTC may nonetheless move away from the administrative process in those cases as well due to ongoing concerns about agency self-adjudication. This approach would also be consistent with the U.S. Department of Justice’s practice of litigating merger enforcement proceedings in federal court.

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