Events

The George Washington University Competition Law Center and Crowell & Moring’s Sixth Annual Antitrust and Tech Conference

• May 13, 2025 - 1:30 pm ET

Diana Moss spoke on a panel at The George Washington University Competition Law Center and Crowell & Moring’s Sixth Annual Antitrust and Tech Conference titled US Merger Enforcement Policy in a Time of Transition

The prior administration put its stamp on US merger enforcement not only by litigating a relatively high number of challenges in the technology space, but also through the revised 2023 DOJ/FTC Merger Guidelines, shifting approaches to addressing substantive issues in the investigation and conclusion of non-litigated transactions, and expanded pre-merger reporting requirements. This panel will discuss whether those changes will have durable impact, and how the current administration may prioritize its own merger policy initiatives and enforcement priorities, including:

• How technology firms’ acquisitions or investments in nascent firms or technologies will be evaluated;
• Whether the agencies will take a stricter approach to considering potential competition, foreclosure, or other theories of harm involving non-horizontal transactions;
• How the agencies will assess price and non-price effects, including in zero-price markets;
• Whether the agencies will give greater consideration to behavioral remedies and consent decrees generally;
• The prospects of international coordination on merger enforcement in a time of divergence among regional economic policies; and
• Which recently litigated case(s) will have the most impact on enforcers and courts over the next few years.