BarbriSFCourseDetails

Course Details

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.

Faculty

Description

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.

Outline

  1. Overall changes in antitrust philosophy, priorities, and enforcement under the second Trump administration
  2. Future of the 2023 Merger Guidelines
  3. Future of the new HSR rules
  4. Posture towards mergers in general and particularly towards big tech or media mergers
  5. Posture towards merger remedies
  6. Sectors likely to see heightened antitrust scrutiny
  7. Future of the noncompete ban
  8. Non-merger enforcement
  9. Potential new areas of antitrust enforcement
  10. Things that will stay the same
  11. Practitioner takeaways

Benefits

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?