Antitrust enforcement in the United States is set for a potential shift in 2025, according to a panel of Venable professionals. During a recent discussion, partners Lisa Jose Fales, Danielle Foley, and Bill Vigen outlined key areas of antitrust scrutiny, including merger enforcement, big tech regulation, and artificial intelligence. Fales, who leads the firm's antitrust practice group, emphasized that enforcement actions will remain a priority under new leadership at the Department of Justice and the Federal Trade Commission. However, with a new administration, there could be significant changes in how cases are pursued, particularly regarding merger approvals and regulatory guidance.
One of the major shifts discussed was the appointment of new leadership within the DOJ's antitrust division and the FTC. Attorney General, Pam Bondi, has a strong history of aggressive antitrust enforcement, having joined multiple multi-state actions against price-fixing and monopolistic practices as Florida's attorney general. Meanwhile, Gail Slater, the nominee to head the DOJ's antitrust division, has a background in both government and the private sector, particularly in the tech industry. Given her past work with tech giants, her approach to big tech regulation is expected to be a key focus. At the FTC, Andrew Ferguson has taken over as chair, bringing a pro-business stance that may ease regulatory burdens, particularly regarding AI and merger enforcement.
The discussion also highlighted ongoing and future antitrust cases, including lawsuits against major tech companies. Cases against tech giants—some initiated during Trump's first administration—are likely to proceed under the new leadership, though with a possible shift in strategy. Additionally, AI's role in information-sharing and potential price-fixing has drawn attention from regulators. Foley noted that recent withdrawals of long-standing antitrust guidelines by the DOJ and FTC have created uncertainty for businesses, as new policies have yet to be established. Despite potential regulatory shifts, panelists agreed that companies should remain vigilant, as state attorneys general and private plaintiffs continue to actively pursue antitrust litigation, often resulting in significant financial penalties.
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