Antitrust enforcement is poised to remain a central focus in Trump’s second term. The president-elect’s nominations are signaling that the assertive antitrust enforcement posture begun under his first administration – and carried on by President Biden – is likely to continue, particularly against “Big Tech.”
Trump’s Truth Social post announcing the nomination of Gail Slater to serve as assistant attorney general (AAG) for antitrust highlighted continued enforcement and scrutiny of “Big Tech” will be a key component of his approach to “Make America Competitive Again.” Slater was previously an economic and tech advisor to the first Trump administration and a senior advisor to VP-elect JD Vance, who has endorsed current Federal Trade Commission (FTC) Chair Lina Khan’s assertive record on competition.
Additionally, Trump’s nominee for attorney general, Pam Bondi, has been fairly active on antitrust, using her time as Florida’s attorney general to challenge mergers in healthcare and airlines and to sign on to conduct complaints against Apple, Facebook and Google.
With these nominations, look to see continued enforcement from the Department of Justice—although with maybe softer edges—and possibly new enforcement priorities. There could also be some revision of the more controversial aspects of the 2023 Merger Guidelines, though a wholesale rewrite seems unlikely.
Still to come will be the appointment of the FTC Chair, a position that could complement the DOJ or, as some have suggested with a nod to the Trump coalition, be more from the traditional Republican antitrust wing.