Oversight Hearing of the U.S. Federal Trade Commission

Health Care Costs and Drug PricingHouse Appropriations Subcommittee on Financial Services and General Government · 2025-05-15 · 119th Congress
The House Appropriations Subcommittee on Financial Services and General Government held this oversight hearing to examine the Federal Trade Commission's budget, staffing, and enforcement priorities under Chairman Andrew Ferguson. Begins at 0:11:57
Transcript
Highlights

Title

FTC Chairman Ferguson testifies on agency budget and enforcement priorities

Purpose

The House Appropriations Subcommittee on Financial Services and General Government held this oversight hearing to examine the Federal Trade Commission's budget, staffing, and enforcement priorities under Chairman Andrew Ferguson. Members questioned Ferguson on FTC funding levels, pharmacy benefit manager (PBM) practices, merger enforcement, the removal of Democratic commissioners, and implementation of the Take It Down Act. Begins at0:11:57

Who spoke

Chairman (Rep. David Joyce, R-OH)0:11:57: Opened the hearing, noting the FTC's FY2025 funding was held flat at $425.7 million despite rising costs0:12:53, and raised the Take It Down Act's new resource demands0:13:18.

Rep. Steny Hoyer (D-MD), Ranking Member0:14:12: Criticized Ferguson's use of the term "Trump Vance FTC" as undermining agency independence0:17:23, cited the March firing of two Democratic commissioners as violating 90 years of Supreme Court precedent0:19:09, and raised concerns about Doge access to FTC financial data0:19:56.

Chairman Andrew Ferguson, FTC0:20:52: Described the FTC's renewed focus on enforcement over rulemaking0:23:11, cited the medical device merger injunction as his first major action0:24:34, and detailed the ongoing 6(b) study of pharmacy benefit managers covering ~95% of prescriptions0:25:02.

Rep. Marie Gluesenkamp Perez (D-WA)0:31:55: Asked about staff diversity and non-college-degree hires0:32:21, and pressed Ferguson on right-to-repair issues including the FTC's ongoing case against John Deere0:36:42.

Rep. Steve Womack (R-AR)0:37:23: Praised Ferguson's "umpire" approach0:38:03, asked about the agency's readiness for budget cuts, and got Ferguson to confirm the previous administration's staffing was "bloated"0:39:190:40:08.

Rep. Glenn Ivey (D-MD)0:44:12: Raised the PBM report, right-to-repair, non-compete clauses0:46:48, and pressed Ferguson on why his statement announcing support for commissioner firings omitted the statutory removal standard (inefficiency, neglect of duty, or malfeasance)0:48:01.

Rep. Ashley Hinson (R-IA) [0:49:something → first speech at 0:49:...]: Actually see below.

Rep. Ashley Hinson (R-IA)0:49:57: Highlighted Iowa pharmacy closures tied to PBM practices — 200 pharmacies closed since 2014, 31 in 2024 alone0:51:13 — and asked about completion of the FTC's final PBM report0:51:13.

Rep. Mark Pocan (D-WI)0:55:58: Challenged Ferguson on inconsistency between his 2023 Senate testimony supporting Humphrey's Executor and his 2025 support for Trump's commissioner firings0:56:12; questioned the reopened Exxon/Pioneer Scott Sheffield order0:58:23 and Medicare Advantage denial rates1:00:12.

Rep. Chuck Edwards (R-NC)1:01:09: Detailed the HCA-Mission Health merger in North Carolina, citing patient deaths and a near-doubling of markup prices1:01:46, and asked about a possible amicus brief in a Texas coal-divestment antitrust case1:05:15.

Rep. Steny Hoyer (D-MD) (second round)1:06:56: Pressed Ferguson on FTC staffing levels, confirming a drop to 1,221 FTEs with a target around 1,1001:06:561:07:55.

Rep. Sanford Bishop (D-GA)1:12:38: Asked about PBM enforcement resources and the FTC's revival of Robinson-Patman Act enforcement1:15:35.

Chairman Joyce (second round)1:17:56: Asked about resource needs for Take It Down Act enforcement (segregated IT systems, specialist investigators/lawyers)1:18:24 and AI-driven fraud1:20:00.

Rep. Steny Hoyer (third round)1:23:42: Pressed Ferguson on whether all FTC commissioners are now "at will" employees removable by the president1:23:42, and read an OMB director quote about traumatizing bureaucrats, asking if Ferguson agreed1:27:47.

Rep. Ashley Hinson (second round)1:29:40: Asked about the FTC's regulatory self-report mechanism for anti-competitive rules and timelines for review1:32:47.

Rep. Glenn Ivey (second round)1:35:17: Followed up on the legal basis for commissioner removal and rulemaking-versus-enforcement approach for the Take It Down Act1:38:36.

Rep. Mark Alford (R-MO)1:41:34: Asked about the vacated "CARS Rule," Take It Down Act resourcing, and the president's anti-competitive regulation executive order1:42:32.

Rep. Sanford Bishop (second round)1:45:42: Questioned Ferguson on Doge's access to FTC data and confidentiality safeguards1:46:00.

Key moments

Hoyer accused Trump of firing two Democratic FTC commissioners without legal cause in March, violating 90 years of Supreme Court precedent, and said he hopes the commissioners win their court challenge0:19:09.

Ferguson said the FTC's largest recent action was enjoining a medical device merger over price concerns, and disclosed the agency is running a 6(b) study of PBMs, which manage nearly 95% of U.S. prescriptions0:24:340:25:02.

Ferguson revealed FTC staffing has fallen to 1,221 FTEs, with a target near 1,100, calling the prior hiring level "bloated" and unsustainable given appropriations0:39:571:07:55.

Pocan confronted Ferguson with a direct contradiction: his 2023 Senate testimony endorsing Humphrey's Executor versus his 2025 public support for Trump's removal of commissioners; Ferguson said both statements are consistent given the 2020 Supreme Court Seila Law decision0:56:120:57:26.

Ivey pressed Ferguson on why his March 18 statement supporting the commissioners' firing omitted the statutory removal standard (inefficiency, neglect of duty, malfeasance); Ferguson said Article II supersedes that standard for an agency with "substantial executive power"0:48:311:36:15.

Pocan detailed the Exxon-Pioneer merger, alleging CEO Scott Sheffield colluded with OPEC to raise gas prices, costing consumers an estimated $2,000–$4,000; Ferguson said the FTC never proceeded on price-fixing evidence and dissented from the original order as politically motivated0:58:230:59:20.

Edwards cited CMS findings that at least three patients died at Mission Health following its 2019 acquisition by HCA, while the hospital's profits nearly quadrupled to $100 million by 20221:02:161:02:41.

Hinson cited testimony from a pharmacist association president that 200 Iowa pharmacies have closed since 2014, including 31 in 2024, tied to PBM practices0:51:13.

Bishop asked whether the FTC has sufficient resources to address PBM issues and confirmed the FTC's revival of Robinson-Patman Act enforcement, halted since the 1970s, with two active cases underway1:16:32.

Ferguson confirmed FTC staff who came from Elon Musk's Doge team received the same background checks, ethics vetting, and access restrictions as other employees, and denied any instance of them being denied requested information1:46:441:48:19.

Metadata

CommitteeHouse Appropriations Subcommittee on Financial Services and General Government
Chamber / CongressHouse · 119th Congress
Date2025-05-15
TypeHearing
Witnesses
The Honorable Andrew Ferguson — Chairman, Federal Trade Commission
Videoyoutube
Transcript220 caption blocks · 17,308 words · 1:49:00 runtime
EventCongress.gov 118225