And Transportation Committee heard from the four nominees on issues including antitrust laws, Prescription Drug pricing, Credit Rating agencies and the influence of Big Tech Companies like google and facebook. This hearing is 2 1 2 hours. Good morning. Today we welcome four nominees to testify before the committee as we consider their nominations to serve as commissioners of the federal trade commission. Nominated to serve as a commissioner and ftc chairman and his credentials are impressive. Mr. Simon served as the ftcs chief antitrust enforcer, among other positions the the commission. Most recently, he served and was partner and cochair of the entrust group at a law firm. Christine wilson is an antitrust and Consumer Protection attorney who served as Vice President for regulatory and International Affairs at delta airlines. She too as worked at the commission before serving as chief of staff to kim murris during the george w. Bush administration. Noah Joshua Phillips is a familiar face to many of us, as he currently serves as chief counsel to senator john cornyn, where he advises on issues such as antitrust and intellectual property. Finally. Mr. Chopra has extensive experience in Government Service and as a consumer advocate. He currently serve previously served in senior paroles at the Consumer ProtectionFinancial Bureau and the department of education. Thank you all for being here. Welcome to your friends and families who are also joining us. The ftc is not the largest or most Wellknown Agency under this committees jurisdiction, but it is arguably one of the most influential. The ftc was founded in 1914 by the direction of congress and for more than a century, the commission hat evolved alongside changing Market Dynamics and consumer preferences. The agency was born out of concern that more needed to be done to ensure competitive markets in the state and bust the trust that threatened that competition. The commissions focus soon expanded to include a mandate to enforce against unfair and deceptive action practices that threatens consumers. Dual focus on competition and Consumer Protection is ensuring freedom in the marketplace. The ftc has been a strong cop on the beat ensuring that americans reap the benefits from a functioning economy, not one dominated by firms with unfairly concentrated market power. The ftc has also made it possible for americans to be confident in their transactions, to spend freely and know they are frequented from the frauds teres and cheats that would do them harm. In order to reduce at mount of sugar that children eat. This Regulatory Overreach led the congress to advance heightened safeguards to promulgate rules and led one media outlet to criticize the commission as the Great National nanny. The commissions assertiveness and the breath of its jurisdiction have earned the ftc other nicknames as well. More recently, the agency has been called the federal technology commission. That nickname is an appropriate one, given the administrations increased focus on the american tech sector and the growing influence of Silicon Valley on the american economy. Its my expectation that the ftc will continue on this beat. Privacy remain issues each one of these nominees will contend with once confirmed. Where it finds material misrepresentation and it must bring unfairness cases where it finds substantial harm. Once again, i want to thank all of you for testifying today. For your willingness to fill these critical posts and ill turn now to our Ranking Member, senator nelson, for his opening remarks. Thank you, mr. Chairman. Senator blumenthal has kindly agreed to step in as ranking today. Since i have to be in three places at once. When the federal trade commission was a small agency, its getting bigger, its one with a big responsibility, protecting American Consumers. Whether it involves small time robocallers, multimillion dollar pay day lenders or giant Silicon Valley tech companies, the ftc acts as a cop on the beat that polices a whole host of unscrupulous practices that put american pocketbooks at risk. And its not just financial h m 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. Given the depth of the Opioid Crisis in our country, its unconscionable that anyone would prey on desperate families in need of help, but they do. And while the recent action by the ftc is a positive step, it also raises serious questions about why the agency waiting so long to address this epidemic Opioid Crisis. Where was the ftc all these years when drug manufacturers were making deceptive marketing claims about the risk associated with oxycontin and other opioids . Given this reality, its absolutely essential that the agency fulfills 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. The ftcs mission is too important for individual commissioners to let politics or special interests impede the agencys Law Enforcement work. And if confirmed, i expect the nominees, and ive met with them privately, to continue the tradition of past commissioners and work in a constructive bipartisan and independent manner. And finally, let me say a word about Net Neutrality. Simply put, the ftc is not the agency for Net Neutrality. Despite the Amazing Things the ftc does, it does not have the expertise, the resources or the authority to adopt forwardlooking rules to protect broadband consumers. Thats in the fcc. Thats why youll see coming to the senate a cra to restore the fccs critical Net Neutrality protections. That cra, though somebody is not inconsistent with my continuing belief in the long term, as i have discussed over and over as senator thune and i have consulted and collaborated on this. That only a lasting bipartisan Net Neutrality legislation with real protections can bring the certainty necessary to fully protect consumers and preserve the fccs authority. And i thank you, mr. Chairman. Thank you, senator nelson. I would say here here to that last statement. Hopefully with this committee well be able to get there in due time. A couple of our colleagues id like to welcome to the Commerce Committee here today. I first want to recognize the president pro tem of the United States senate, senator hatch. Hes here to introduce joseph simon. Senator hatch, youre recognized. Thank you so much, mr. Chairman, and members of the committee. I want to thank you for the opportunity to appear. It is my distinct pleasure to introduce joe simmons as nominee for chairman of the federal trade commission. Weve all been eagerly waiting for this hearing because we all know its high time to get things up and running again at the ftc. Though now over 100 years old, its Mission Remains as critical today as it was when first established. The United States is the economic marvel of the world. Our market system in which entrepreneurs are free to build and consumers are free to choose has proven an engine of prosperity without equal. But as i need not remind members of this committee excuse me a free enterprising economy will face its full potentially as only so long as institutions like the ftc keep our markets free, fair and competitive. Striking that balance has always been exceedingly difficult. No less now than in the past. So for all the prosperity of our system and all the prosperity our system has delivered, for all it promises 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, questions of data privacy and security loom large, thus the next two years will prove a critical time in the history of the ftc. The concerns are real. The policy choices are difficult. And the pressure brought to bear are likely to be heavy. Ultimately, chairman thune, that is why i am so pleased to be here to make this introduction. 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 role. I have to say, of course, he is superbly qualified to lead the commission as chairman. He was educated at cornell and georgetown law. He served in several important posts at the ftc, including director of the bureau of competition and was both a partner and leader of the antitrust group at the law firm paul weiss. But more importantly than resume, joe simons is also uniquely suited both by temperament and character to take up this charge. At his tenure at the ftc on both merger and conduct cases, he earned a reputation for skill, integrity and vigor. His enforcement decisions, both when to proceed and just as importantly, when not to, reflected expertise, a keen sense for economics and a practical feel for the operation of 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 to sheppaherd and handle the mo difficult problems and most sensitive and important of matters. As the ftc charts its course through the modern era, joe simons experience and stature will make him just the steady hand that the markets, the bar and consumers expect. Of course, the ftc is more than just its chairman. Before this committee is an excellent slate. Christine wilson is a recognized leader in competition law. And i have Great Respect for her. Mr. Chopra is a widely regarded expert in Consumer Protection. And noah phillips, of course, is part of our family here in the senate. Consistently over the years, he has proven a reliable counselor to senator cornyn as well as an honest and productive broker in working with other senate offices. I know hell make an exceptional commissioner. In conclusion, mr. Chairman, i commend the president on such outstanding nominees and i applaud this committee for its extraditi expedition in moving them forward. Let there be no mistake, this is an excellent package and it deserves bipartisan support. Led by joe simons we can trust the ftc will faithfully fulfill its mandate and continue its tradition on bipartisan lawmakers and tackle the challenges ahead. Thank you, chairman hatch. My chairman of the Senate Finance committee, along with senator cornyn and a few others on this panel as well. Were also joined by another distinguished member of the senate leadership, our whip, senator cornyn from texas, and he is here to introduce noah phillips. Senator cornyn . Thank you, mr. Chairman. And thanks to Ranking Member blumenthal and the members of the committee. Im honored to be here, as youve heard, to introduce an extremely wellqualified candidate, noah phillips, to be the federal trade commissioner. Youve already said, mr. Chairman, and others have acknowledged that noah served as my chief counsel, which is to his great credit. Heaven knows i need all the help i can get. Noahs helped guide me in my legislative portfolio through complex issues on the Judiciary Committee during his tenure. His intelect shines most when hes faced with technical topics that would intimidate even the most seasoned lawyers, intellectual property, privacy issues, antitrust and constitutional law, but hes also showed, as senator hatch has noted, a knack for building consensus with folks on the other side of the aisle when necessary to get things done. This is becoming increasingly rare these days, and its one of the reasons hes been a very valued member of my staff. Trading judicial confirmation hearings on proposed corporate merges may seem like four hearings on proposed corporate hearings may seem like a big career change, but noah actually started out in the financial world in new york city after graduating from college. After completing law school at stanford, noah clerked on the fifth Circuit Court of appeals and located in san antonio and came to the realization of so many folks that so many folks have when they spend time in my state, he learned to really like texas. We see a lot of that. Ill spare you the impressive list of law firms hes worked for, but he soon found his way back to texas and on to my staff. His legal resume is remarkable, as the work hes done with the Judiciary Committee, working behind the scenes on important victims rights laws like the holocaust exappropriated art restoration act. Beyond the hearing room, noah is a man of strong moral character and quick wit, as further confirmation of his bipartisan credentials, his wife sarah worked for u. S. Aid and the National Security council during the obama administration. He is the father to three wonderful children who youve already heard some from this morning and perhaps youll hear more from as the hearing continues. As a commissioner, noah will use his evenhanded experience and patented antitrust law to better protect consumers. Capitol hill staff may come and go, but this is a loss that will be felt by my office and the entire senate Judiciary Committee. I know the commission and our country will be better off during his tenure and i thank you for your consideration of this deserving and wellqualified nominee. Thank you, mr. Chairman. Thank you, senator cornyn. Were grateful for our colleagues willingness to come here and testify on behalf of the nominees, and so thank you for being here. Im going to ask our nominees if they would come forward. Im going to recognize in just a minute the senator of this committee, senator capito to introduce one of the other noms as well. But well get rolling. I want to recognize senator capito. Thank you. She is here to introduce ms. Christine wilson. Thank you, mr. Chairman. I want to thank all the nominees, but i particularly want to thank President Trump for nominating Christine Wilson as nominee as ftc commissioner to the committee. Shes an absolute stellar candidate. Ms. Wilson works in washington, d. C. And lives in falls church, virginia. She has recently purchased farmland in morgan county, west virginia. Christine and her husband both have relatives who have lived and worked in the region in the 1700s and 1800s. So when they break ground on this house in march, it will be something of a homecoming for them and West Virginians will welcome them home. Aside from being one of my newest constituents, id like to highlight her work with women and human trafficking. Included in the plans of ms. Wilsons recently purchased farm land is her hope to open a retreat for victims of sexual trafficking and abuse. I look forward to hoping that that comes true because thats an issue that many of us care deeply about. On the professional front, as you can tell from her bio, for over 20 years, an advocate of a simple but vital truth at the heart of American Economic greatness, competition is the best protection for consumers and the strongest prescription for a healthy economy. Belief that consumers benefit most from robust competition was at the heart of christines work as chief of staff to the ftc chairman under president george w. Bush. And confidence that market economies increase Consumer Choice and reduce prices has grounded her many contributions to the sound development of competition law and policy. Both domestically and internationally. If confirmed, i know christine will bring to bear as an ftc commissioner the extensive experience that she has gained, both in private practice and in the public sector. I look forward to hearing from her and the other nominees today. Thank you, christine, for your commitment to our country and your public service. Thank you. Thank you, senator capito. So were going to proceed. Well start on my left, your right, with mr. Simons. If we could ask our panelists if they could to confine their oral remarks as close to five minutes as possible, your entire statements will be included and made a part of the record. Well get on to our questioning. So, mr. Simons, please proceed. Chairman thune, Ranking Member blumenthal and distinguished members of the committee, thank you for this opportunity to testify today. And thank you to senator hatch for those very kind words. Ill do my best to live up to them. It is truly an honor to appear before you especially regarding this particular nomination. The federal trade commission is an institution that is very close to my heart. The ftc has a great mission, it deals with fascinating and important issues, and most importantly, it has a terrific staff. As i mentioned to a few of you, in some ways it feels like ive spent my entire professional life preparing for this opportunity. As a much younger lawyer back in the 1980s, i wor