FTC Commissioner Mark Meador Advocates for Rule of Law in Conservative Antitrust Policy

Federal Trade Commission (FTC) Commissioner Mark Meador has authored an essay titled “Antitrust and the Rule of Law,” headlining the Winter 2025 issue of American Affairs. Meador announced his contribution via a tweet, stating, > “I’m honored to headline the Winter 2025 issue of @AmericanAffrs with my essay, “Antitrust and the Rule of Law.”” The essay outlines a conservative vision for antitrust enforcement, emphasizing fidelity to legislative intent and a balanced approach. Meador's essay argues for a "neutral 'down the middle'" approach to antitrust, asserting that enforcers should apply the law as written by Congress, without assuming either corporate innocence or malevolence. He critiques both the "neo-Brandeisian" approach, which he suggests often favors the government, and the "Chicago School" of under-enforcement, which he believes leans towards businesses. This perspective aims to move beyond politicized enforcement towards a consistent application of legal standards. As a Commissioner in what the essay describes as the "early days of President Trump’s second administration," Meador’s views are significant for the future direction of federal antitrust policy. His background includes serving as Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee and working at both the FTC and the Department of Justice Antitrust Division. He was confirmed as an FTC Commissioner in April 2025, bringing a strong pro-enforcement, populist Republican stance, particularly concerning the technology industry. The essay also criticizes certain practices during the previous administration's FTC, suggesting a disregard for the rule of law through politically motivated interventions in merger reviews. Meador contends that while concentrated economic power can be dangerous, antitrust enforcement must not become a tool to punish or reward based on political bias. He advocates for case-by-case judgments based on evaluative standards spelled out in the law, rather than a one-size-fits-all approach. Meador’s article posits that a commitment to the rule of law offers a path beyond the politicization of antitrust policy, ensuring it endures for generations. He suggests that a truly conservative antitrust approach must address concerns about concentrated power while remaining faithful to the statutory text and legislative history. This framework seeks to prevent both under-deterrence and under-enforcement, aligning with what he views as the common good.