News & Analysis as of

Federal Trade Commission (FTC) Biden Administration Mergers

Haug Partners LLP

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

Haug Partners LLP on

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]

Mintz on

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

Jenner & Block on

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

Vinson & Elkins LLP on

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

DLA Piper on

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

McDermott Will & Emery

Antitrust Under Trump: June 2025 Updates

McDermott Will & Emery on

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 & Emery

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

McDermott Will & Emery on

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

Vedder Price on

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

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

Hogan Lovells

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

Hogan Lovells on

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

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 - Antitrust under Trump: Redo of the first term, or something new?

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

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

WilmerHale

Here to Stay? FTC and DOJ Announce that 2023 Merger Guidelines Remain in Effect

WilmerHale on

Since their release, the federal antitrust agencies’ 2023 Merger Guidelines (2023 Guidelines) have faced significant criticism from many. There was speculation that the Federal Trade Commission (FTC) and Department of Justice...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

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

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

Fenwick & West LLP

The Start of the Deal? What Antitrust Enforcement and M&A Will Look Like Under Trump’s Second Presidency

Fenwick & West LLP on

When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more

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