FTC

At the beginning of the coronavirus outbreak, Americans quickly learned just how unprepared the country was for a pandemic. One of the most alarming revelations was that the U.S. had nowhere near the number of ventilators and other life-saving medical equipment it needed to fight the virus. That’s largely because of a surprising culprit: the Federal Trade Commission (FTC).

Jason Bernstein and Fred Fischer, both Deputy Assistant U.S. Trade Representatives, reached out to auto industry representatives offering to “assist companies directly with their USMCA implementation needs,” according to Bloomberg’s report. The report did not confirm whether Bernstein and Fischer asked for or received clearance to contact the auto companies, while ethics experts speculate that offering such services while still employed by the government might breach federal ethics requirements.

In late May, the Federal Trade Commission promoted Patty McDermott to Deputy Assistant Director of the Anticompetitive Practices (ACP) division. The ACP division’s work “involves not only stopping illegal conduct but also shaping the law,” making McDermott’s new position one of interest to corporations overseen by the FTC, beyond run-of-the-mill enforcement.

The Revolving Door Project’s investigation shows that corporate gigs continue to be the most popular positions for FTC lawyers to take after leaving their posts, and reveals the regularity with which economists and analysts revolve to economic consulting firms that serve corporate interests.

Revolving Door Project Executive Director Jeff Hauser said, “This anti-competitive merger further entrenches Big Pharma at the expense of all Americans. Big Pharma’s playbook here is no less dangerous for having become rote: They hire well-connected revolving door FTC alumni to secure approval for mergers that undermine the public interest. To restore the public interest at the FTC, we will need to end the FTC-to-BigLaw pipeline that has helped bring about an economy that works well for rich investors rather than American consumers or workers.”

The Covid-19 pandemic is creating ripe conditions for corporate acquisition sprees by industry giants. But at least one company, already under the microscope, isn’t just looking to pick off competitors. Facebook has its eyes on the supposed cops on this beat, the antitrust enforcement officials ready to jump ship.

A slim majority of individuals whom we could identify, and a strong plurality of the overall data set, have revolved into corporate law firms where they defend clients in the sorts of investigations and approval processes which they themselves used to administer.