Trump Evaluates Candidates for Regulatory Roles

Following his victory in the U.S. presidential election, Donald Trump is in the process of forming his cabinet and selecting other senior management officials. Among the roles to be filled are positions that will oversee regulation and enforcement, with several candidates emerging for these positions.

For the Department of Commerce, Linda McMahon is seen as the frontrunner for the role of Secretary of Commerce. McMahon, who led the Small Business Administration during Trump’s first administration, is also the president of the America First Action super PAC and a board member of the Truth Social media platform. She is known for her significant financial contributions to Trump’s political initiatives.

Another loyal name being considered for a senior position is Robert Lighthizer, who served as the U.S. Trade Representative throughout Trump’s first term. Potential roles for Lighthizer include managing the Treasury, overseeing the Department of Commerce, or returning as the U.S. Trade Representative. A strong advocate of tariffs, Lighthizer played a key role in the trade war with China during Trump’s previous tenure.

Vivek Ramaswamy, who withdrew from the presidential race in January, is another potential candidate for the top role at the Department of Commerce. The former biotechnology executive and millionaire gained recognition among conservative circles with his 2021 bestseller "Woke, Inc.," which criticizes companies aligning their business strategies with social justice and climate change initiatives.

In the antitrust arena, Gail Slater, a policy advisor to Vice President-elect JD Vance, is viewed as a strong candidate to lead the Federal Trade Commission (FTC). Slater has a history with Trump; she consulted him on data privacy and telecommunications issues and held positions at Fox Corp and Roku. Her experience also includes a decade spent at the FTC, where she advised current Commissioner Julie Brill, who is now an executive at Microsoft (NASDAQ: MSFT).

Currently one of the FTC commissioners, Melissa Holyoak is being considered for the interim chair role. Before her tenure at the FTC, Holyoak served as the Attorney General of Utah and led the Hamilton Lincoln Law Institute.

Another Republican FTC commissioner, Andrew Ferguson, is also a possible candidate for a leading antitrust role. Ferguson served as the chief advisor to Senator Mitch McConnell and was a clerk for Supreme Court Justice Clarence Thomas. Both Ferguson and Holyoak had previously opposed some initiatives of the FTC under Chair Lina Khan.

For the antitrust division of the Department of Justice, Andrew Finch, who expressed skepticism about radical reforms targeting tech companies in his previous assistant role, may be a candidate for leadership. Currently a partner at Paul Weiss, Finch represented companies such as Spirit Airlines, Uber Tech, and Mastercard in merger reviews.

Barry Nigro, who has experience in both the Department of Justice and the FTC and is currently a partner at Fried Frank, is also a potential candidate. Nigro was involved in significant mergers under Department of Justice review, including T-Mobile US's acquisition of Sprint Corp and CVS Health Corp's acquisition of Aetna Inc.