Antitrust Agency Insights: Developments At The U.S. Antitrust Enforcement Agencies — Second Quarter 2026

Letter From the Editors

Traditionally, 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) have used pre-litigation merger settlements to resolve challenged deals. Although such remedies fell out of favor during the Biden administration, FTC and DOJ leadership in both Trump administrations have accepted divestitures to resolve competitive concerns. In most instances, the agencies have decried behavioral remedies as ineffective relief to anticompetitive mergers and acquisitions. Recently, however, Associate Attorney General Stanley Woodward has reportedly told DOJ Antitrust to seek settlements¹ and the FTC has signaled a potential willingness to consider behavioral remedies in settlements.