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ARTICLE · 10 JULY 2025

Antitrust Agency Insights: Developments At The U.S. Antitrust Enforcement Agencies — Second Quarter 2025

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Early Consent Decrees Shed Light on Trump Administration's Approach to Merger Settlements...

United StatesAntitrust/Competition Law
Sonia Kuester Pfaffenroth
Sonia Kuester Pfaffenroth
Matthew Tabas
Matthew Tabas
Keron J. Morris
Keron J. Morris
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Letter From the Editors

Early Consent Decrees Shed Light on Trump Administration's Approach to Merger Settlements

While the full scope of the antitrust agencies' enforcement and policy priorities under the new Trump administration is still crystallizing, the U.S. Federal Trade Commission (FTC or the Commission) and the Antitrust Division of the U.S. Department of Justice (DOJ or DOJ Antitrust) recently marked a noteworthy shift away from the prior administration with their approach to merger remedies. FTC and DOJ Antitrust leadership resisted pre-litigation merger settlements during the Biden administration, choosing to litigate to challenge deals instead of accepting remedies. In contrast, the new Trump administration leadership appears willing to accept divestitures to resolve its competitive concerns, providing an opportunity for merging parties to avoid litigation to get deals done.

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