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FTC Retains Biden-Era Merger Guidelines Under Trump Administration

Chairman Andrew Ferguson announces continuity in antitrust enforcement, emphasizing stability and resource efficiency.

  • The Federal Trade Commission will continue using the 2023 merger guidelines established during the Biden administration, which adopt a stricter approach to antitrust enforcement.
  • FTC Chairman Andrew Ferguson highlighted the importance of stability and resource management in retaining the guidelines, though he acknowledged they are not without flaws.
  • David Shaw, an experienced antitrust lawyer, has been appointed as the FTC's principal deputy director, bringing expertise in high-stakes litigation and Big Tech investigations.
  • Additional senior appointments include Kelse Moen and Douglas C. Geho, who bring extensive experience in competition law and consumer protection, respectively.
  • The decision signals a continuation of aggressive antitrust scrutiny of corporate mergers, though the Trump administration's overall approach to regulation remains somewhat unclear.
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