Richard Falek Discusses Merger Enforcement Under Trump’s FTC Pick with The Economist

Winston & Strawn partner Richard Falek discussed what merger enforcement will look like in the new year following incoming President Donald Trump’s pick for Federal Trade Commission (FTC) chair with The Economist. On December 10, Trump announced that Andrew Ferguson, who has been commissioner since April, will be the new chair of the FTC. It was also announced that Gail Slater will lead the antitrust division of the Department of Justice (DOJ).

Many believe that Trump’s picks will make corporate deals easier and may replace merger guidelines with an approach that places more weight on consumers and acknowledges the potential efficiencies from deals. Richard stated that objections to a merger because of its effect on workers, for example, are less likely to be raised under the new regime. Private-equity firms, which faced more scrutiny under Biden, will find that burden lighter under Trump.

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