Transcripts For CSPAN2 Federal Trade Commission Confirmation

CSPAN2 Federal Trade Commission Confirmation Hearing Part 1 February 17, 2018

[background noises] [background noises] good morning. Today we welcome for nominees to testify before the committee as we consider the nominations to serve as commissioners of the federal trade commission. Joseph simons has been nominated to serve as commissioner and tc chairman and his credentials are impressive. He served as the f tcs antitrust enforcer among other positions of the commission. Most recently he served as partner and cochair of the antitrust group at the law firm of paul, weiss, ripken and garrison. Hes in antitrust and Consumer Protection attorney who was recently served as Vice President for Regulatory International Affairs at delta airlines. Among other credentials she too has worked at the commission serving as chief of staff, the ftc chairman during the george w. Bush and menstruation. Know what is a familiar face. Currently serves as chief counsel to senator john cornyn where he advises on issues including antitrust Consumer Privacy and intellectual property. Finally floyd will is a lawyer who has extensive Government Service and is consumer advocate. He currently serves as senior fellow at the Consumer Federation of american previously served in senior roles at both the Consumer Protection bureau and the Us Department of education. Thank you all for being here. We welcome to your friends and family who are also during this. Not the largest and most Wellknown Agency under the jurisdiction but it is arguably one of the most influential given its mission to oversee competition and Consumer Protection of the american economy. It was founded in 1940 by the direction of congress ever more than one century the commission has evolved alongside trading marketplace dynamics and consumer preferences. It was born out of concern of a time that morning to be done to ensure competitive markets in the United States and to bust the trust that the rent that competition. The commission spoke as soon expanded to conclude a mandate [inaudible]. A common theme bridging the commissions to focus on competition and Consumer Protection is ensuring freedom in the marketplace. Over its history the ftc has been a strong cop on the beat and ensuring that americans reap the benefits from a functioning economy, not one dominated by unconstrained market power. It also made it possible to make is to be confident in their transactions, to spend a penny and grow the economy with the knowledge they are largely protected from the fraud and sheets we do them harm. The agency has not been without controversy. In the late 1970s, for example, the agency drew criticism for its consideration of regulation that would pose major restrictions on Television Advertisements for Young Children in order to reduce the amount of sugar the children each. This Regulatory Overreach led the congress to advance heightened procedural safeguards on the commissions authority to promulgate rules and lead one media outlet to criticize it is the Great National nanny. The assertiveness and breath of jurisdiction has earned of other names as well. More recently, the agency is called the federal technology commission. That nickname is an appropriate one given the commissions increased focus on the american tech sector and the growing influence of Silicon Valley on the american economy. It is my expectation that the ftc will continue its vigilance on the speech. Privacy and Data Security for example warming Consumer Protection concerns in the coming years. These nominees will contend with these issues skipper. Must continue to bring cases with a fine material misrepresentations in the spring unfairness cases where it finds substantial harm. Once again, i want to thank all of you for testifying today and your willingness to fill these critical posts. I turnout or Ranking Member, senator nelson, for his opening remarks. Thank you, mr. Chairman. Thank you to senator blumenthal who is kindly agreed to step in as breaking today since i have to be in the places at once. When the federal trade commission was a small agency it is getting bigger and it is one thing big responsibility protecting American Consumers and whether it involves smalltime global scholars, alltime milliondollar payday lenders or giant Silicon Valley Tech Companies the ftc acts as a cop on the beat that places a whole host of unscrupulous practices that put american pocketbooks at risk and it is not just financial harm, Public Health can also be at stake. In the past the ftc has cracked down on cigarette advertisement aimed at kids or on phony Sports Equipment claiming to prevent concussions. Just recently the ftc and the fda sent warning letters to 11 companies who were touting opioid cessation products and given the depth of the Opioid Crisis in our country it is unconscionable that anyone would prey on vulnerable families in desperate need of help what they do. And while the recent action by the ftc is a positive step it also raises serious questions about why the agency waited so long to address this epidemic Opioid Crisis where was the ftc all these years when they were making medical companies are making claims about opioids . Given the reality it is absolutely essential that the agency fill its mission to protect American Consumers in a nononsense, nonpartisan and independent manner. Unlike other independent agencies it has a long tradition of acting on a consensus basis and the ftcs mission is too important for individual commissioners to let politics or special interests impede the agencys font enforcement work. If confirmed, i expect the nominees and i have met with them privately to continue the tradition of pass commissioners and work in a constructive bipartisan and independent manner. Finally, let me say a word about Net Neutrality. Simply put the ftc is not the agency for Net Neutrality. Despite the image and things the ftc does it does not have the expertise or the resources or the authority to adopt forwardlooking roles to protect broadband consumers. That is in the sec and that is why you will see coming to the senate a cra to restore the fccs critical Net Neutrality protections. That cra though is not inconsistent with my continuing belief in the longterm as i have discussed over and over as senator thune and i have consulted collaborated on this that only a lasting, bipartisan, and neutrality legislation with real protection can bring the certainty necessary to fully protect consumers and preserve the fccs authority. I thank you, mr. Chairman. Thank you, senator nelson. I would say here here to that last statement and hopefully with this committee will be able to get there in due time. We are have a couple of her colleagues and would like to welcome to the Commerce Committee today and they are here to introduce a couple of our nominees. I first want to recognize the president pro tem of the United States senate, senator hatch and he is here to introduce joseph simon. Senator hatch, you are recognized. Thank you so much, mr. Chairman. I want to thank you for the opportunity to appear. It is my distinct pleasure to introduced joe simons. His nominee for chairman of the federal trade commission. Weve all been eagerly waiting for this hearing because we all know its a high time to get things up and running again at the ftc. Though now over 100 years old its Mission Remains critical today as it was when first established in the United States as the economic marvel of the world and our market system in which entrepreneurs are free to build and consumers are free to choose as proven in engine of prosperity without equal. I need not remind members of this committee excuse me, Free Enterprise economy will reach its full potential only so long as institutions like the ftc keep our markets free, fair and competitive. Striking the balance has always been exceedingly difficult, no less now than in the past. For all the prosperity of our system and all the prosperity our system has delivered for all its promise to deliver still today there is a palpable anxiety about our economy and its trajectory. Concerns are being raised about corporate consolidation and the conduct of some of our biggest firms in questions of data privacy and security loom large and thus the next two years will prove a critical time in history of the tc and the concerns are real and the policy places are difficult and the pressure is brought to bear are likely to be heavy. Ultimately chairman soon, that is why i am so pleased to be here to make this introduction and let me say this and let me be clear joe simons is just the man this moment requires. The president could not have made a better choice for this crucial. I have to say that he is of course superbly qualified to lead the commissions chairman and he was educated at cornell and georgetown law and served and several important posts that the ftc including director of the bureau of competition and was both partner and leader of the antitrust group at the law for hundred law firm. Formerly then his resume he is uniquely suited both by temperament and character to take up this chart. In his tenure in merger and conduct cases he earned a reputation for skill, integrity and bigger. His enforcement decisions both went to proceed and do not reflect a doctoral expertise and a sense for economics and practical field for the markets. Indeed, the methods he developed have been adopted and used by administrations of both parties and judges of all philosophical approaches. Once in private practice he was called upon by both private clients and Public Institutions and handled the most difficult problems in the most important and sensitive matters as the f tc chart discourse in the modern era he experienced in statute will make him just the steady hand that the markets, the bar and consumers expect. Is the ftc has more than just its chairman. For the committee is an excellent slate. Christine wilson is a recognized leader in law and i have Great Respect for her and [inaudible] and Noah Phillips is a part of our family here in the senate. Consistently over the years he has proven a reliable senator to the court [inaudible] i know he will make them exceptional commissioner for a vision, mr. Chairman, i commend the president on such an expanding nominees and i applaud this committee for its expedition and moving them forward. Let there be no mistake this is an excellent package and deserves bipartisan support. Led by joe simons can trust the ftc with faithfully will faithfully fulfill its mandate in continuous tradition and bipartisan practical enforcement of policymaking to tackle the challenges ahead. Thank you, mr. Chairman, for this opportunity to say these words. Thank you, senator hatch. Mike, along with senator cornyn and a few other on this panel as well and we are also joined by other distinguished member of the leader ship with senator cornyn from texas and he is here to introduce Noah Phillips. Senator cornyn. Thank you, mr. Chairman. Thanks to Ranking Member but with all and members of the committee. Im honored to be here and as you have heard to introduce and actually well qualified candidate, Noah Phillips to be federal trade commission or. You have already said, mr. Chairman and others have acknowledged that he served as my chief counsel which is to his great credit having knows i need all the help i can get. Noah has helped guide me and my legislative portfolio through complex issues on the Judiciary Committee during his tenure. His intellect shines most when he is faced with technical topics that would intimidate even the most seasoned lawyers. Intellectual property, privacy issues, antitrust in constitutional law. He is also showed as senator hatch has noted an knack for building consensus with focus on other side of the aisle when necessary to get things done. Found his way back to texas and onto my staff. His legal resume is remarkable with the work is done with a Judiciary Committee behind the scenes on important victims rights laws like the holocaust and legislation reform. Beyond the hearing room with the quick wit as confirmation of bipartisan credentials his wife worked for usaid United Security council during the Obama Administration a devoted father to three children that you have already heard some from this morning. [laughter] and perhaps more as the hearing continues. As the commissioner has experienced to the antitrust law to better protect consumers capitol hill staff may come and go to be held by my office and the entire senate Judiciary Committee. The commission is better off to her on his tenure and thank you for your consideration of his deserving and wellqualified nominee. Thank you senator for the colleagues willingness on behalf of the nominees thank you for being here. I will recognize a member of this committee to introduce one of the others as well. [inaudible conversations] i will recognize senator cap window to introduce ms. Wilson. To thank all the nominees in particular president traveled far nominating ms. Wilson as the nominees nominee for ftc commissioner she works in washington d. C. And lives in Falls Church Virginia purchasing farmland in West Virginia having relatives working in the region of the 17 and 1800s so it will be a homecoming for them and they will be welcomed home. Aside from my newest constituents to highlight her work with women and Human Trafficking including including recently purchased farmland in West Virginia it is our hope to open three locations for those victims of trafficking and abuse and i look forward to hoping that comes true because that is an issue they care deeply about on the professional front for over 20 years and advocate of a simple truth of the heart of america that competition is the best protection for consumers and the strongest prescription for a healthy economy. The consumers benefit most from robust competition and the chief of staff under george w. Bush. And confidence that market economies increase Consumer Choices to reduce prices has grounded from any contributions of competition law and policy domestically and internationally. If confirmed i know she will bring to bear the extensive experience she has gained from both private practice and the Public Sector so thank you for your commitment to our country and public service. So now we will proceed with mr. Simons and if we can ask the panel to confine their oral remarks as close to five minutes as possible the entire statement is part of the record so please proceed. Chairman soon and Ranking Member blumenthal and the distinguished members of the committee, thank you for this opportunity and senator hatch for those kind words i will do my best to live up to them. It is truly an honor to appear before you especially regarding this nomination. The ftc is an institution that is very close to my heart. The ftc has a Great Mission dealing with fascinating and important issues. As i mentioned to a few of you come in some ways it feels like i spent my entire professional life preparing for this opportunity is a much younger lawyer in the 80s working at the agency as an assistant and a little over a decade later i returned to run the bureau at the ftc and while in private practice i have for many years represented clients before the ftc and antitrust division with the department of justice and throughout that time i never gave much thought to the possibility i could be before here as a nominee to lead the commission but personally i cannot imagine a greater professional honor. None of this would have been possible without the support of friends and family. First and foremost i definitely would not be here today without the love and support of my wife martha and also here with me today are my children jack, sam and his wife and my stepchildren and my brotherinlaw and his wife and several Close Friends and my cousin jeff. My daughter is watching from cornell and i cannot think all of them enough for their suppor support. The ftc is a respected institution in washington since its creation a little over 100 years years ago its work has proven critical to increase the growth of the economy. By vigorously policing anti competitive conduct and preventing any consolidation the commission can help ensure they compete on the merits for a better product for services at lower prices. Likewise by stamping out unfair trade trade practices to ensure that consumers are protected with the information they need to make those choices in the marketplace. So the ftc is all about protecting and improving consumer welfare and has already been discussed one of the great things about the ftc mission historically is that it has been performed in a highly bipartisan way. My pledge to

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