News & Analysis as of

Biden Administration Mergers

Miles & Stockbridge P.C.

A Golden Share and an Order to Unwind: Early Lessons in CFIUS from the New Administration

On July 8, 2025, President Trump issued an order to unwind the acquisition of Jupiter Systems, Inc., a U.S. company, by Hong Kong-based Suirui International Co., Ltd., a subsidiary of China’s Suirui Group (collectively...more

Haug Partners LLP

U.S. Merger-Clearance Update: The Revival of Structural Remedies

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Under the Trump administration, the U.S. Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ Antitrust”) have signaled a significant policy shift in merger clearance, projecting...more

Mintz

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies [Updated on July 16, 2025]

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After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

Cadwalader, Wickersham & Taft LLP

U.S. Antitrust Agency Merger Roundup & Commentary: FTC Reverses Routine Use of Prior Approval Requirements in Merger Settlements,...

The June 2025 Quorum summarized recent actions by the Federal Trade Commission (“Commission” or “FTC”) and Department of Justice’s Antitrust Division (“DOJ”) indicating the Trump Administration’s rejection of the anti-merger...more

Jenner & Block

Trump Administration Open to Divestiture Remedie

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The FTC and DOJ under President Trump have each recently approved divestiture remedies for potentially anticompetitive mergers, signaling a significant departure from the practice of the Biden administration, which viewed...more

Vinson & Elkins LLP

Prior Approval Remedies in M&A: Agency Policy and Practice

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For twenty-five years prior to the Biden Administration, FTC and DOJ consent agreements have had a singular goal: to remedy the anticompetitive effects of proposed transactions. Under former Chair Khan, however, the FTC...more

A&O Shearman

Antitrust in focus - June 2025

A&O Shearman on

Under the Biden administration, the U.S. antitrust agencies, particularly the U.S. Department of Justice Antitrust Division (DOJ or Antitrust Division), were unusually resistant to negotiated merger remedies. Instead, they...more

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

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In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Wilson Sonsini Goodrich & Rosati

DOJ Carries Through on Revitalization of Merger Remedies

Days after the Federal Trade Commission (FTC) reached its first divestiture settlement of the new Trump administration, the U.S. Department of Justice Antitrust Division (DOJ or the Division) followed through on Assistant...more

McDermott Will & Schulte

Antitrust Under Trump: June 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission...more

McDermott Will & Schulte

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...more

Cadwalader, Wickersham & Taft LLP

Trump Administration Reverses the Biden Administration’s Anti-Merger Policy and Returns to Merger Settlements; Proposed Budget and...

The current leadership of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (Antitrust Division or DOJ) (collectively, “antitrust agencies”) have signaled an intention to reject the...more

Vedder Price

FTC Chair Issues Statement on Merger Remedies

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In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to...more

WilmerHale

Meet the New Boss, Not So Different From the Old Boss? Antitrust in the Trump Era

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After President Trump’s election for a second term, those predicting where federal antitrust enforcement was headed had to contend with internal tensions in the Trump coalition that extend to economic policy more broadly:...more

Wilson Sonsini Goodrich & Rosati

And Just Like That: Remedies Are Back at the FTC

The Federal Trade Commission (FTC or Commission) recently announced that it will require Synopsys, Inc. (Synopsys) and Ansys, Inc. (Ansys) (together, “the parties”) to divest certain assets to resolve antitrust concerns...more

Akin Gump Strauss Hauer & Feld LLP

Transparency In Merger Enforcement: At Least 50% of Investigated Deals Cleared for Takeoff in Q1 2025

As previously highlighted in our inaugural Akin Agency Transparency In Merger Enforcement (TIME) Report, merger enforcement transparency fell to an all-time low under the Biden administration. A key driver towards that trend...more

Latham & Watkins LLP

OCC Bank Merger Rule Rescinded in Latest Regulatory Reversal

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The OCC is restoring its former practices and policies under the Bank Merger Act to reinstate expedited merger reviews and streamlined business combination applications....more

Hogan Lovells

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

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As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more

Davis Wright Tremaine LLP

OCC Reverts to Prior Merger Rules

The Office of the Comptroller of the Currency (OCC) has issued an interim final rule that restores streamlined and expedited regulatory procedures to review applications under the Bank Merger Act for business combinations...more

Hogan Lovells

DOJ Antitrust Chief outlines “America First Antitrust” philosophy

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In a speech at Notre Dame Law School on April 28, 2025, Gail Slater, Assistant Attorney General (AAG) for the Department of Justice (DOJ) Antitrust Division, provided a detailed summary of her approach to antitrust...more

Axinn, Veltrop & Harkrider LLP

Five Healthcare Antitrust Topics to Watch at the Upcoming Health Care Transactions Conference in Nashville

Each May, the American Health Law Association holds its Health Care Transactions Conference in Nashville, Tennessee. In addition to panels covering a wide variety of non-antitrust transactions issues (Stark Law, anyone?), we...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Will Take a Friendlier Approach to Mergers but Retain Biden-Era Guidelines and HSR Rules - The Trump...

The government’s new antitrust leaders have signaled a less skeptical stance on mergers but a continued focus on enforcement, especially in Big Tech and the health care and agriculture sectors....more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Enforcers’ Roundtable

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Merger Trials: Winning Strategies

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: AG Antitrust Enforcement: “State” of Play

During the first Trump and Biden administrations, state attorneys general upped their emphasis on bringing antitrust cases, and that trend seems to be continuing into the early days of the second Trump administration. The ABA...more

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