News & Analysis as of

Enforcement Actions Biden Administration Mergers

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

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

WilmerHale

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

WilmerHale on

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

Hogan Lovells

DOJ Antitrust Chief outlines “America First Antitrust” philosophy

Hogan Lovells on

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

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

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2025 Spring Meeting

Antitrust experts from across the globe convened in Washington, D.C. on April 2–4, 2025 to discuss new enforcement policies and share updates on current issues in antitrust. We provide the key highlights from numerous panels...more

Wilson Sonsini Goodrich & Rosati

Antitrust Heads Offer Enforcement Insights to Legal Industry, Sidestepping Traditional ABA Gathering

Breaking from longstanding tradition, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) both recently withdrew their attendance and speakership from the American Bar Association...more

Vedder Price

FTC and DOJ Affirm Commitment to Biden-Era Merger Guidelines

Vedder Price on

Federal Trade Commission Chairman Andrew Ferguson announced to FTC staff on February 18 that the FTC would retain the 2023 Merger Guidelines as the framework for reviewing mergers and acquisitions. Citing the need for...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Antitrust & Competition

The heightened focus on antitrust and competition issues that has defined dealmaking globally over the past few years looks set for readjustment since President Trump re-entered the White House. Under the Biden...more

WilmerHale

Antitrust and M&A: Is Everything Old New Again?

WilmerHale on

With every change in administration, businesses and practitioners wonder what the new administration will mean for antitrust enforcement in the United States. Speculation was at fever pitch four years ago, after Democratic...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

Skadden, Arps, Slate, Meagher & Flom LLP

Keep Your Seatbelts Fastened: The Wild Antitrust Ride May Not Be Over

Key Points - - We expect the second Trump administration to take a relatively aggressive approach to antitrust enforcement, as regulators did during President-elect Trump’s first term, because there is bipartisan support...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Holland & Knight LLP

Antitrust Under Trump 2.0: No More "Hipster Antitrust," But Scrutiny Will Remain

Holland & Knight LLP on

With President Joe Biden's departure, aggressive antitrust enforcers at the U.S. Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hand over the reins to incoming Trump...more

Dorsey & Whitney LLP

Has the CFIUS Process Become Political?

Dorsey & Whitney LLP on

On January 3, President Biden issued the Order Regarding the Proposed Acquisition of United States Steel Corporation by Nippon Steel Corporation (the “Order”)....more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

Vinson & Elkins LLP on

The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

McDermott Will & Schulte

What a Second Trump Term Means for Antitrust Enforcement

On January 20, 2025, President-elect Donald J. Trump’s administration will come into power. The McDermott antitrust and competition team has analyzed the first Trump term, compared it to the Biden administration’s actions,...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Society of Corporate Compliance and Ethics...

Adapting to change: Compliance in the era of heightened antitrust enforcement

Under the Biden administration, antitrust enforcement in the U.S. has risen to a level not seen in at least 40 years. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are now opening more...more

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