President Trump’s antitrust team of Federal Trade Commission (FTC) Chair Andrew Ferguson and Justice Department Antitrust Division head Gail Slater have an approach to antitrust that resembles that of Biden-era FTC Chair Lina Khan and Deputy Attorney General for Antitrust Jonathan Kanter. Like their predecessors, Ferguson and Slater reject the consumer welfare standard that dominated antitrust policy from the Reagan years until the Biden Administration. In its place, Biden and Trump’s antitrust enforcers embrace a more aggressive approach that looks at other factors—like how a merger or acquisition will allegedly affect consumers, workers, and communities.
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