The early days of President Donald Trump’s second term have been marked by upheaval and unpredictability. Given this, the administration’s anti-regulatory stance, and attempts by tech executives to ingratiate themselves with the administration, some thought—and hoped—that antitrust enforcement by the Trump administration would depart from that under the Biden administration and be more relaxed. Thus far, however, the new administration has surprised some with its rhetoric and certain actions within the realm of antitrust enforcement, particularly in addressing market power held by Big Tech. It has also signaled a strong approach to merger enforcement, voicing support for the 2023 Merger Guidelines enacted under the Biden administration.
At the same time, there have been some retreats. For instance, the Trump administration has telegraphed a pullback from the Biden administration’s ban of noncompete clauses. The new administration also quickly reduced staff within the U.S. Department of Justice and the Federal Trade Commission. And, recently, it issued a directive to identify regulations that purportedly reduce competition, leaving one to wonder whether the administration plans to enforce the antitrust laws vigorously. All in all, the picture remains both unpredictable and unclear.
