The Biden administration is pushing forward with new merger enforcement guidelines even as antitrust enforcers have been dealt a series of losses in court
This tension was on display at a Tuesday event staged by the Federal Trade Commission and the Department of Justice featuring several antitrust experts, some of whom were critical of the Biden administration’s approach to merger enforcement.
Nigro argued that the FTC’s failure to block the deal as well as another high-profile loss in a case against Facebook parent Meta Platforms Inc. META, +1.53%, suggests that the courts are not buying the Biden administration’s reinterpretation of antitrust law. Robert Kaminsky, an analyst with Capital Alpha Partners labeled the guidelines a “political exercise” that will be less relevant to the courts than previous iterations.issued on a party-line vote at the FTC will be more susceptible to reversal by a future administration than a consensus document,” he wrote in July. “The swinging pendulum of merger guidelines will then become less useful for companies’ long-term planning and less influential on the judiciary.
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