On June 29, 2026, the Supreme Court overturned Humphrey’s Executor in Trump v. Slaughter, ruling 6-3 that the for-cause removal protections shielding FTC commissioners are unconstitutional. Commissioners now serve at the pleasure of the president, so the “independent” antitrust agency is no longer independent. Will antitrust enforcement be better, worse, or essentially the same now that the FTC answers directly to the White House? Is there any rationale for two enforcers if both are subject to direct presidential control? Could that ultimately lead to merging the antitrust responsibilities of the FTC and the DOJ Antitrust Division? This panel will discuss what the end of Humphrey’s Executor means for the structure and substance of federal antitrust enforcement.
- Dina Kallay, Deputy Assistant Attorney General for International, Policy, and Appellate, Antitrust Division, U.S. Department of Justice
- Bill Kovacic, Global Competition Professor of Law and Policy; Professor of Law; Director, Competition Law Center, George Washington University Law School
- Maureen Ohlhausen, Co-Chair, Antitrust and Competition Practice; Partner, Wilson Sonsini Goodrich & Rosati
- Larry White, Robert Kavesh Professor of Economics, Leonard N. Stern School of Business, New York University
- Thomas Lenard (moderator), Senior Fellow and President Emeritus, Technology Policy Institute
The TPI Aspen Forum will be held at the St. Regis Aspen Resort in Aspen, Colorado from August 16-18, 2026. Register now to reserve your space.
