Anna Behrmann Discusses M&A Antitrust Enforcement With The Indiana Lawyer

In an article for The Indiana Lawyer, business litigation counsel Anna Behrmann discussed a recent executive order potentially affecting antitrust enforcement decisions for mergers and acquisitions.

The article noted that the order may signal a shift toward more “traditional” antitrust enforcement at the FTC and DOJ by revoking Biden-Harris era competition policy, though Behrmann noted it was “too early to draw conclusions” regarding the actual effects of the order. For example, Behrmann added that the more progressive 2023 Merger Guidelines remain in place, and that new HSR rules conceived during the Biden administration require parties to provide more information to the enforcement agencies up front.

Regardless, Behrmann said the Trump administration may not completely loosen M&A enforcement, especially in industries like telecommunications, health care and technology. She noted that the Trump administration may also be more likely to use consent decrees rather than lawsuits to protect consumers.  “There’s more of a willingness to make a deal,” Behrmann said.