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Trump Revokes Biden Competition Order as DOJ Resumes Early HSR Terminations

Key Biden-era merger tools remain in effect to produce a hybrid enforcement environment.

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Overview

  • President Donald Trump on Aug. 13 revoked Executive Order 14036, ending the Biden administration’s whole-of-government competition framework.
  • FTC Chair Andrew Ferguson and the Justice Department’s Antitrust Division praised the change, outlining an “America First Antitrust” posture that emphasizes market-led outcomes.
  • The Antitrust Division said it has restarted early termination for uncontroversial Hart-Scott-Rodino merger filings and revived targeted settlements through consent decrees.
  • The 2023 Merger Guidelines and the expanded HSR filing rules finalized on Feb. 10, 2025 remain in force, preserving stringent information requirements and guiding agency analysis.
  • Healthcare analysts say smaller or regional hospital deals could face fewer hurdles, though large market-shaping transactions will still draw case-by-case scrutiny; the announcement preceded UnitedHealth’s $3.3 billion Amedisys acquisition by one day.