What To Expect In 2021 Merger Enforcement: Trends And Developments From 2020

Overview and Key Issues from 2020

Despite the economic disruptions brought on by the coronavirus pandemic, including a shift to remote work, deal activity was robust with both businesses and the antitrust authorities adapting to the new challenges. In fact, the US antitrust enforcement officials continued to be aggressive in 2020 in what the FTC itself described as "an unprecedented" number of merger challenges.

While the election of former Vice President Joe Biden as president will result in a change in leadership at both agencies, antitrust enforcement typically is relatively immune from fundamental policy swings. However, given public statements and transition announcements, it would not be surprising to see a more aggressive approach to antitrust enforcement, at least on the margins.