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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Antitrust

Date & Time
  • event Date

    Wednesday, March 26, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$95.00
CLE
ALL

This CLE webinar will provide an analysis of expected key changes in antitrust theory 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 and premerger procedures, vertical mergers and unfair competition.

Faculty

Potato Head
Lee's Test Acct

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Homer Simpson
Lee's Test Firm

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Description

The second Trump administration took office in January 2025 with new priorities and theories for antitrust enforcement. Generally, the second Trump administration is expected to return to a focus on the consumer welfare standard in the merger review process, which is in contrast to the Biden administration’s focus on a transaction’s effect on labor. However, due to bipartisan support, it is expected that the second Trump administration will continue to pursue an active enforcement agenda.

Other changes likely ahead are the recission of the revised 2023 Merger Guidelines and a withdrawal of the FTC’s near-total ban on non-competes. It is anticipated that there will be more mergers under the new administration in part because the enforcement agencies are expected to permit more deal fixes through divestitures and consent orders. Also, there will likely be less scrutiny on vertical transactions allowing more deals to go through based on the administration’s perception that vertical mergers have procompetitive benefits and efficiencies.

While the second Trump administration will usher in significant changes for antitrust enforcement some things are expected to remain the same. For instance, it is expected that state attorney general antitrust enforcement will remain steady or even increase. Also, there will be continued scrutiny on prescription drug and technology deals and likely a similar number of criminal enforcement cases as the Biden administration.

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 and enforcement under the second Trump administration.
  2. Pro-business merger policy
  3. Return to consumer welfare factors in the merger review process
  4. Disclosure requirements for HSR premerger filings
  5. Future of the revised 2023 Merger Guidelines
  6. Aggressive antitrust enforcement to continue but likely more deal fixes
  7. Non-compete ban
  8. Sectors likely to see heightened antitrust scrutiny
  9. Potential new areas of antitrust enforcement
  10. Things that will stay the same
  11. Practitioner takeaways
  12. test index

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Benefits

The panel will review these and other important issues:

  • What are likely to be the second Trump administration’s key priorities regarding antitrust enforcement?
  • What sectors are likely to see heightened antitrust scrutiny under the new administration?
  • Will antitrust agencies likely allow more deal fixes under the new administration?
  • What will likely happen to the non-compete ban, the revised 2023 Merger Guidelines and the disclosure requirements for HSR premerger filings going forward?
  • What things are expected to remain the same under Trump's second administration?

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