Economist Shelanski leads candidates for FTC chairmanship

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The Federal Trade Commission’s (FTC) lead economist, Howard Shelanski, has emerged as one of the likeliest replacements to lead the agency after Chairman Jon Leibowitz steps down in the next few months, according to sources close to the issue.

Shelanski, currently director of the Bureau of Economics at the FTC, is also a lawyer who clerked for US Supreme Court Justice Antonin Scalia, as well as for judges at the district court and appeals court levels. He is also a professor at Georgetown University Law Center.

Two sources close to the vetting process said Shelanski’s background and expertise make him an ideal candidate for the position, though other names are still in play.

A Democrat, Shelanski was a contributor to President Obama’s 2008 and 2012 campaigns and to a lesser extent, a contributor to Hillary Clinton’s 2008 bid for the White House.

It is likely that Leibowitz, who is believed to be planning his departure, could leave before his replacement is nominated by the White House and approved by the Senate. If so, it is expected that one of the sitting Democratic commissioners, either Julie Brill or Edith Ramirez, will be appointed acting chairman. Both women, as sitting commissioners, have already been through the Senate Commerce Committee confirmation hearing process.

While there has been speculation that both Brill and Ramirez are interested in the leadership position, neither was part of the antitrust bar in Washington before being elevated to the agency. Still, that is not necessarily prohibitive. Historically, non-lawyers have served both as commissioners and as chairmen of the agency, which both investigates mergers and promotes consumer protection issues.

Brill could have a leg up over Ramirez, if US Senator Patrick Leahy of Vermont demonstrates ardent support of Brill, who worked in Vermont’s consumer protection program. Leahy is the chairman of the Judiciary Committee.

It is also possible that the recent election could prompt the White House to reward another dark horse candidate for the slot, but one of the sources said news about an FTC nominee is likely weeks — if not months — away.

The FTC is also awaiting a confirmation hearing on Josh Wright, an antitrust economist and professor at George Mason University Law School who has been nominated to replace outgoing Republican Tom Rosch.

Shelanski did not return calls for comment.

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