As the Trump administration takes the reins, many in the business world were expecting a more lenient approach to antitrust enforcement. However, a recent memo from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) has dashed those hopes, signaling that the new administration will maintain the tough stance on mergers and anticompetitive behavior established under President Biden.
The memo, signed by DOJ Antitrust Division Chief Makan Delrahim and FTC Chair Lina Khan, states that the agencies will continue to follow the 2023 merger guidelines, which were adopted under the Biden administration. These guidelines lowered market share and concentration levels at which a merger would be presumed illegal, making it more difficult for companies to merge without regulatory scrutiny.
The memo also emphasizes that the agencies will continue to prioritize enforcement actions against anticompetitive conduct, such as price-fixing and monopolization, and will work closely together to ensure that their efforts are coordinated and effective.
This tough stance on antitrust enforcement is a departure from the more business-friendly approach that many had expected from the Trump administration. However, it is consistent with the administration's "America First" agenda, which prioritizes protecting American consumers and businesses from unfair competition.
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