Recent FTC and DOJ actions and leadership statements suggest that the federal antitrust agencies appear poised to enforce the antitrust laws across markets in a way that echoes the robust antitrust enforcement pursued by the Biden Administration. There are certain industries where Trump’s FTC and DOJ have emphasized their intentions to aggressively enforce the antitrust laws, including in the technology, healthcare, and labor sectors. To be sure, there are some areas where Trump 2.0 might diverge from the Biden Administration—for example, its openness to merging parties’ arguments for divestitures to fix a potentially illegal transaction. However, businesses that are contemplating transactions or other conduct that could receive scrutiny from the U.S. antitrust agencies should continue to proceed with caution and implement risk mitigation strategies. In addition, certain state attorneys general continue to step up their antitrust scrutiny with respect to transactions and conduct.
Presenters
Wendy Arends, Partner
Mark Tobey, Attorney
Continuing Education Credit
This program is pending approval for Colorado, Connecticut, Delaware, Florida, Illinois, Missouri, New Jersey, Pennsylvania, Texas, Wisconsin, and Wyoming continuing legal education credit.
Questions?
Contact Leigh Theofan at 512.479.1138.