The Biden administration's antitrust agenda was often defined by overreach, weak legal footing, and politicized attacks on successful American companies. Now, in the early days of President Trump’s second term, that legacy risks undermining the new administration’s "America First Antitrust" vision.
In early July, Trump’s Justice Department (DOJ) is set to argue its first merger case, challenging whether two U.S. telecom firms, HPE and Juniper Networks, should be allowed to join forces to better compete in an industry dominated by Huawei, a company tied to China’s People’s Liberation Army. This case should never have made it this far.
This lawsuit wasn't the work of Attorney General Pam Bondi or antitrust chief Gail Slater. It was filed on January 30, just 10 days after the inauguration and before Bondi and Slater had been confirmed.
Yet unless the DOJ changes course quickly, this case will become the Trump administration's first major antitrust test in court. And it will be a costly unforced error.
An Own Goal for National Security
At the center of the case is a merger that promises to strengthen American competitiveness in a critical global industry. Huawei is the leader, supplying about 30% of the global 5G infrastructure market. Cisco, America’s largest player, lags far behind with roughly one-sixth of that share.
A combined HPE-Juniper would produce another U.S.-based global-scale competitor — one that could offer unique innovative capabilities, plus a full suite of networking, storage, and AI-driven technologies to serve enterprise customers at home. Blocking the merger weakens America’s position.
That’s why former FCC Commissioner Mike O’Rielly and former Trump White House national security adviser Rob Joyce, oppose the DOJ. The case undermines the very national interest that the Trump team says it prioritizes.
A Lose-Lose for Consumers and the Economy
Beyond global competition, the DOJ’s case is bad economics. There were no customer complaints after a year-long review of the merger in 2023. Both UK and EU regulators approved the deal, concluding that HPE and Juniper aren’t close competitors.
They were right. Their business Wi-Fi products represents a small part of total business for either Juniper or prospective parent HPE. Within Juniper, enterprise Wi-Fi is less than 25% of total sales. HPE's Wi-Fi business is less than 15% of company revenues. In other areas, there is zero overlap between the companies.
Blocking this merger risks chilling other deals that could improve efficiency, spark innovation, and lower prices for consumers. The signal it sends is that success will be punished and reconstituting business talents will be second-guessed, even without credible evidence of harm.
A Legal and Strategic Misstep
The Biden antitrust team introduced a top-down economic planning approach to antitrust. Many cases flopped in court. That track record has weakened public trust, created legal uncertainty, and risks stifling investment.
If the Trump DOJ continues that pattern, it could backfire — not just in this case, but in future enforcement. If Slater intends to bring evidence-based rigor back to antitrust, this lawsuit doesn't meet that standard.
And it makes little sense to let Biden’s appointees pick the battlefield for Trump’s new policy. The HPE-Juniper case is a poor vehicle for a strategic reset. It doesn't create a dominant firm. It doesn’t show harm to consumers. It doesn’t showcase market power abuse. It just pits two mid-sized firms against a discredited policy that’s hostile to economic success.
The Smart Move Is to Drop the Case
There’s still time for the DOJ to withdraw the complaint. Doing so would send the right signal to innovators, allies, and markets: that the U.S. will support competition, not obstruct it; and that antitrust enforcement will focus on real harm, not crusades.
For an administration that prizes strength and results, sticking with this Biden-era case is both weak and wrong. Letting it go would be a win for American industry, national security, and the credibility of "America First Antitrust."
