TECH-NICAL ISSUES
FTC pick ripped on Goog deal
MELISSA Holyoak’s bid for a vacant GOP seat on the Federal Trade Commission could face a fresh hurdle as critics blast the weak terms of Google’s $700 million settlement over anticompetitive Android app store practices, sources told On The Money.
Holyoak, the Republican solicitor general of Utah, played a key role in negotiating the deal after US states alleged Google’s monopolistic tactics, including charging fees of up to 30% on major developers within its “Play” store, had resulted in higher prices and less choice for consumers.
The settlement, which Epic Games CEO Tim Sweeney blasted as an “injustice to all Android users and developers,” could rankle Republicans who want any FTC nominee to be “appropriately skeptical of Big Tech” — and even cause some to rethink their support, an industry source who requested anonymity to discuss the situation told The Post’s Thomas Barrabi.
As The Post reported in June, some Washington insiders fretted that Holyoak didn’t have the antitrust bona fides they’d like to see in a new commissioner — with one source predicting that FTC chief Lina Khan will “run circles” around GOP nominees on antitrust.
The GOP-backed litigator needs approval in a Senate floor vote after clearing the Commerce Committee in October.
A second source said she “will get confirmed” even if some Republicans raise a stink — but the process may not be smooth one.
“If [Sen. Josh Hawley] or someone on the Republican side wants, she could get delayed,” the source said. “I think that’s a likely scenario that she gets delayed, but not getting confirmed is unlikely.
But it’s fair to say her nomination is delayed or jeopardized.”
Hawley’s office declined to comment.
On Wednesday, Hawley (R-Mo.) sent a letter indicating he planned to block the effort to confirm another GOP FTC nominee, Andrew Ferguson, before the end of the year so that he can ask him “additional questions on his philosophy concerning Big Tech.”
The senator also opposes the fast-tracked confirmation of Todd Inman for the National Transportation Safety Board. Both Ferguson and Inman are former aides of Senate Minority Leader Mitch McConnell (R-Ky.).
Capitol Hill insiders have attributed Hawley’s move to a well-documented rift with McConnell. The letter did not mention Holyoak.
Utah held top billing in the lawsuit targeting Google’s Android app store practices and was one of a handful of states that spearheaded the case. Holyoak’s name appears on court documents detailing the terms of the settlement.
Holyoak highlighted her work on Utah’s behalf at her FTC nomination hearing on Sept. 20, saying she “led our office’s work” on the case. Her testimony came days after the Google settlement.