The Sequel ?: Predicting Antitrust Enforcement in a New Trump Administration | Sheppard Mullin Richter & Hampton LLP

As the U.S. presidential election approaches, the Antitrust & Competition team provides insights into potential antitrust enforcement under different administrations. The Biden administration s aggressive antitrust policies were analyzed, with a focus on breaking up Big Tech and challenging major tech deals. Under a potential Trump administration, enforcement priorities and agency leadership are uncertain. During Trump s first term, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) ramped up antitrust rhetoric and enforcement priorities. The DOJ challenged major tech deals and the Google monopolization search case, while the FTC pursued novel theories of harm and sued against vertical mergers. On the campaign trail, Trump s running mate JD Vance advocated for aggressive antitrust enforcement, particularly against Big Tech companies. Vance praised FTC Chair Lina Khan for her understanding of market competition and called for breaking up Big Tech. The Heritage Foundation s 2025 Presidential Transition Project (Project 2025) outlines potential conservative antitrust policies. The project acknowledges the importance of antitrust enforcement to maintain a competitive economy and addresses market concentration issues. It also suggests that government regulations favor large firms and calls for FTC investigations into ESG practices that may mask anticompetitive activity. Project 2025 proposes more cooperation between the FTC and state attorneys general, as state attorneys general are seen as more responsive to constituents. However, the project also questions whether the FTC should continue to enforce antitrust laws. As the election nears, companies should be aware of the antitrust and competition positions of each presidential candidate to prepare for potential changes in enforcement priorities.

Source: jdsupra.com
Published on 2024-09-24