
President Obama's swearing in was more than a week ago, but the Federal Trade Commission is still in the hands of Chairman Bill Kovacic, a Republican. According to sources at the agency, Kovacic was told this week that his replacement will be taking over the reins shortly.
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Though not officially announced, it could be the worst-kept secret in Washington that Commissioner Jon Leibowitz is expected to be moving into the larger chairman's office shortly. This week, Leibowitz was expected to make a trek to Capitol Hill to pay obeisance to Sen. Jay Rockefeller IV, D-W.Va., who heads the Senate's Commerce Committee.
As a sitting commissioner appointed by George Bush and already approved by the Senate, Leibowitz doesn't need confirmation hearings. But it doesn't hurt to shake hands with the head of the oversight committee. At the moment, it's a particularly savvy move: lawmakers in both the Senate and House have sent letters to the FTC regarding the process the agency uses to examine mergers. While the FTC has responded with official letters, face-to-face meetings ought to help smooth any ruffled feathers.
Leibowitz's appointment is expected within a week.
Who the president will appoint to fill the current vacancy on the commission is still unknown, but likely picks include Leslie Overton, a partner at Jones Day law firm, and Ann Malester, a former FTC lawyer now a partner at Weil Gotshal & Manges LLP. Antitrust lawyers involved with the transition said the appointment will "reflect the diversity of the antitrust bar." In English, that means it won't be a white male. -
Cecile Kohrs Lindell