Antitrust Enforcement Trends and Policies in 2025: Merger Policies, Premerger Procedures and Non-Merger Enforcement
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Antitrust
- event Date
Wednesday, March 26, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide an analysis of expected key changes in antitrust theory, policies, and enforcement by the DOJ's Antitrust Division and the FTC under the second Trump administration. The panel discussion will focus on anticipated changes to merger policy in general, vertical mergers, and non-merger enforcement.
Ms. Lee litigates major class action and multi-district antitrust cases in federal courts throughout the United States. She also provides antitrust counseling and represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ).
Companies seeking antitrust clearance for their mergers and acquisitions, or that are parties or third parties in investigations and litigation launched by the FTC, the Antitrust Division of the DOJ, or state attorneys general, turn to Mr. Gilman for experienced and effective antitrust counsel. He leverages years of experience at the FTC, including three years as head of a merger division, to represent clients in a broad range of antitrust and competition matters, including antitrust diligence and deal negotiations, merger reviews and clearances, government investigations, Hart-Scott-Rodino and foreign merger notifications, civil conduct matters, general antitrust compliance, trade association counseling, and antitrust litigation. Mr. Gilmanʼs practice has a particular focus on representing merging parties and third parties in merger investigations by the FTC, DOJ, and state attorneys general. He brings significant prior government experience and knowledge to his client work, having joined the firm after seven years at the FTC, where, as assistant director, he led the 30-attorney Mergers IV Division and worked on some of the agencyʼs highest-profile matters.
Mr. Lynch helps clients formulate their antitrust clearance strategies for their most complex transactions. He also represents clients in high-profile antitrust litigations. In addition, he advises clients in a variety of non-merger conduct investigations and competition-related regulatory proceedings. Mr. Lynch counsels clients across a wide range of industries, and has a particular focus on telecommunications, media, technology, advertising, privacy and internet-related issues.
The second Trump administration took office in January 2025 with new priorities and theories for antitrust enforcement. Many expect that “Trump 2.0” will resemble “Trump 1.0” in terms of antitrust enforcement. However, others believe that there is currently bipartisan support for aggressive antitrust enforcement and that Trump 2.0 will therefore continue to pursue an active enforcement agenda similar to the Biden administration.
There are presently many key open questions regarding Trump 2.0. Will the agencies rescind the 2023 Merger Guidelines? Will the FTC abandon its effort to ban noncompetes? What will the new administration’s view be towards mergers in general, and particularly mergers involving “big tech” and media companies? Will the agencies now be more receptive to merger remedies? How will the agencies treat vertical transactions?
No matter what happens at the federal level during Trump 2.0, it is expected that state attorney general antitrust enforcement will remain steady or even increase.
Listen as our authoritative panel examines these and other developments in antitrust enforcement and the implications for corporate transactions and conduct going forward.
- Overall changes in antitrust philosophy, priorities, and enforcement under the second Trump administration
- Future of the 2023 Merger Guidelines
- Future of the new HSR rules
- Posture towards mergers in general and particularly towards big tech or media mergers
- Posture towards merger remedies
- Sectors likely to see heightened antitrust scrutiny
- Future of the noncompete ban
- Non-merger enforcement
- Potential new areas of antitrust enforcement
- Things that will stay the same
- Practitioner takeaways
The panel will review these and other important issues:
- What key priorities in antitrust enforcement are expected in the second Trump administration?
- Which sectors are likely to see heightened antitrust scrutiny under the new administration?
- Will antitrust agencies allow more deal fixes under the new administration?
- What will likely happen to the noncompete ban and the revised 2023 Merger Guidelines?
- What is expected to remain the same under Trump's second administration?
Related Courses
State Antitrust Laws: Increased Scrutiny, Common Themes, Key Differences, Compliance Strategies, Risk Mitigation
Thursday, April 10, 2025
1:00 p.m. ET./10:00 a.m. PT