Biden-Era Merger Guidelines Maintained by New FTC Chair
Andrew Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC) under President Trump, has announced the continuation of stricter merger review standards implemented under the Biden administration.
Ferguson's announcement affirms that the guidelines, established in 2023, will serve as the "framework" for the FTC's merger analysis. These guidelines expand the criteria for antitrust review, considering factors such as labor market impact and common ownership.
The guidelines diverge from previous approaches by de-emphasizing consumer welfare as the primary review standard. Instead, they focus on a broader assessment of potential competitive harms.
Despite the change in administration, Ferguson notes the growing bipartisan support for heightened antitrust enforcement. Statistics show that both the FTC and Department of Justice (DOJ) initiated more merger challenges during Trump's first three years in office compared to Biden's first three years.
Subsequently, the Trump administration has already filed a lawsuit to block Hewlett Packard Enterprise's acquisition of Juniper Networks, alleging it would reduce competition in the enterprise wireless networking market.
The continuation of strict merger review guidelines highlights the ongoing commitment to preventing anti-competitive business practices and protecting the interests of consumers.