Overview
As the Trump administration’s approach to antitrust takes shape through political appointments, policy statements, speeches, and enforcement actions, our team is tracking the latest developments and will provide important updates on issues pertinent to clients. This is not intended to be a comprehensive review of specific actions or cases, but rather an at-a-glance review of relevant policy as it is being created.
Our initial client alert is available here.
In Depth
White House to Oversee Federal Trade Commission (FTC)
- To ensure the FTC aligns with administration goals, President Donald Trump has given the White House oversight over the FTC’s actions, regulations, and policies, as well as those of other “independent” government agencies.
- The FTC will now be required to establish a White House liaison and allow the White House to review proposed regulations and policies.
Trump Fires Two Democratic FTC Commissioners
- On March 18, 2025, President Trump fired the two Democratic commissioners, Rebecca Kelly Slaughter and Alvaro Bedoya, despite Supreme Court precedent that prevents the president from firing FTC commissioners over policy disagreements. Both commissioners plan to challenge the decision.
- The FTC will continue to operate with Chairman Andrew Ferguson, Commissioner Melissa Holyoak, and Mark Meador (assuming he is confirmed).
Gail Slater Confirmed to Lead US Department of Justice (DOJ) Antitrust Division
- The US Senate overwhelmingly approved the nomination of Gail Slater to be the Assistant Attorney General (AAG) of the DOJ on March 11, with a vote of 78 to 19.
Senate Commerce Committee Approves Mark Meador as FTC Commissioner
- On March 12, the US Senate Committee on Commerce, Science, and Transportation approved Mark Meador’s nomination to become an FTC commissioner with a vote of 20-8, sending the vote to the Senate floor.
- The president’s subsequent firing of Commissioners Slaughter and Bedoya may complicate the final Senate vote, but the FTC currently has a quorum of two Republicans, allowing it to act without additional commissioners in place.
Antitrust Division to Watch Costs, Leverage In-House Economists
- In a memo to staff on March 13, AAG Slater indicated that the Division will seek to cut costs by focusing its resources on markets that significantly impact consumers or are crucial to national security. The Division will review its use of expensive third-party economic consultants, often relied upon for trial testimony, and instead “utilize and maximize” the talents of its in-house economists.
Ferguson Pursues Litigation Against Big Tech While Streamlining Transactions
- During an interview, Chairman Ferguson explained that the FTC will continue to devote resources toward pending cases against Big Tech companies. Other priorities include healthcare and protecting labor markets.
- Ferguson also stated that while the American free market system depends on antitrust enforcement, if a transaction has no antitrust issue, the FTC will not try kill it. Instead, it will “get out of the way” and focus on deals that pose real antitrust threats to American consumers.
Holyoak Wants the FTC to Focus on Economics
- In a speech, Commissioner Holyoak criticized the Biden administration for forcing settlements, bringing cases built on “flimsy legal bases,” and downplaying economic factors in antitrust enforcement actions.
- Holyoak said that economics is critical to the FTC’s work and expects an increased emphasis on economics under Chairman Ferguson.
