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Trump Revokes Biden Competition Order and Shifts Antitrust Enforcement

Rescinding the 2021 directive enables regulators to accelerate deal approvals by restoring early HSR terminations and targeted consent decrees

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Overview

  • President Trump on August 13 revoked Executive Order 14036, ending the Biden administration’s whole-of-government competition framework.
  • FTC Chair Andrew Ferguson and DOJ Antitrust leaders praised the repeal as a return to market-focused enforcement under existing antitrust laws.
  • The Justice Department has resumed granting early Hart-Scott-Rodino Act review terminations and reinstated targeted consent decrees to streamline merger scrutiny.
  • UnitedHealth Group’s $3.3 billion acquisition of Amedisys closed one day after the revocation, highlighting near-term acceleration in healthcare deals.
  • Observers caution that while statutory antitrust statutes remain intact, merger outcomes may grow more unpredictable under the new market-oriented philosophy.