Recent Regulatory and Antitrust Developments
By Jen Williams
February 26, 2025
The Federal Trade Commission (FTC) finalized amendments to the Hart-Scott-Rodino (HSR) Act premerger notification rules in October 2024. Following publication in the Federal Register on November 12, these rules were set to take effect February 10, 2025.
On January 20, 2025, President Trump issued a “Regulatory Freeze Pending Review” memorandum directing executive agencies to:
- Suspend adoption of new or final rules pending review by Trump-appointed agency heads
- Withdraw unpublished rules from the Federal Register
- Consider 60-day postponements for published but not yet effective rules
Regulatory freeze orders are common, and similar freezes were issued by President Biden in 2021, President Trump in 2017, and President Obama in 2009. The applicability of this regulatory freeze to independent agencies like the FTC may face legal challenges. The HSR amendments are also currently being challenged in the Eastern District of Texas, and the incoming FTC leadership has indicated intent to reverse Biden-era guidance.
At the same time, and concurrent with these regulatory developments, the Department of Justice Antitrust Division also filed suit on January 30 to block Hewlett Packard Enterprise’s proposed $14 billion acquisition of Juniper Networks. The DOJ alleges that the merger would combine the second and third-largest providers of enterprise Wireless Local Area Network (“WLAN”), and result in just two companies – HPE and current market leader Cisco Systems, Inc. – controlling over 70% of the market. This action suggests continued antitrust enforcement focus under the new administration, despite potentially adopting more business-friendly policies overall.
As this area continues to be one of significant volatility, we recommend trying to stay abreast of current events. SW&M will continue monitoring these evolving regulatory and enforcement developments as they unfold.
About the Author
Jen Williams
Jen Williams, Of Counsel at SW&M, has an extensive legal background spanning over 20 years. She brings a wealth of expertise in the fields of general credit union law, mergers and acquisitions, field of membership (FOM) expansions and issues, foundation […]
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