The Trump administration is reversing Biden policies everywhere. But it’s keeping this one | CNN Business

CNN - Feb 20th, 2025

President Donald Trump's administration surprisingly retains a key framework from former President Joe Biden's antitrust policies, maintaining the 2023 merger guidelines established under Biden. These guidelines, although not legally binding, are crucial as they direct how the Federal Trade Commission (FTC) and the Justice Department assess potential mergers for competition concerns. FTC Chair Andrew Ferguson affirmed their continued application, emphasizing the importance of consistency for both businesses and enforcement agencies. This decision signals that Trump's administration may not fully relax antitrust enforcement, as many in the business sector had anticipated.

The retention of Biden-era merger guidelines marks a significant development in U.S. antitrust policy, suggesting potential bipartisan support for stricter scrutiny of corporate mergers. While some business leaders and tech companies have criticized the move, fearing it may hinder innovation and competition, others view it as a positive step for maintaining competitive markets and protecting worker interests. The decision to challenge Hewlett Packard Enterprise’s acquisition of Juniper Networks indicates that the Trump administration may still pursue aggressive antitrust enforcement, although the extent and nature of this enforcement remain uncertain.

Donald Trump Joe Biden Federal Trade Commission Andrew Ferguson Lina Khan Antitrust Merger Guidelines Corporate Mergers Jonathan Kanter

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RATING

6.2

Moderately Fair

Read with skepticism

The article provides a timely and relevant account of the Trump administration's decision to continue using the 2023 Merger Guidelines, a topic of significant public interest due to its potential impact on corporate regulation and market competition. It includes perspectives from both supporters and critics, contributing to a balanced discussion of the issue. However, the article could benefit from greater transparency and a wider range of expert opinions to enhance its credibility. While generally clear and accessible, the piece could improve readability by providing more background information on the guidelines and their historical context. Despite these areas for improvement, the article effectively engages readers and has the potential to influence public opinion on antitrust enforcement and corporate regulation.

Accuracy

The article generally provides an accurate account of the Trump administration's decision to continue using the 2023 Merger Guidelines. It accurately reports the statements made by FTC Chair Andrew Ferguson regarding the guidelines' continued use. However, some claims, such as the potential impact of these guidelines on future mergers and the specific reactions from the business community, require further verification. The article claims that the business community was eager for looser enforcement under Trump, which is partly supported by quotes from antitrust attorney Vadim Brusser and Joseph Coniglio. However, the extent of this sentiment across the entire business sector is not fully substantiated within the article.

Balance

The article includes perspectives from both supporters and critics of the merger guidelines, providing a degree of balance. It quotes individuals from the business community who are critical of the guidelines, as well as advocates for stricter antitrust enforcement who support the guidelines. However, the article could have included more diverse viewpoints, particularly from neutral experts or economists, to provide a broader perspective on the implications of the guidelines. The piece leans slightly towards highlighting the controversy and dissatisfaction from the business sector without equally emphasizing the potential benefits of the guidelines.

Clarity

The article is generally clear and well-structured, with a logical flow from the announcement of the FTC's decision to the reactions it has elicited. The language is straightforward, making the content accessible to a general audience. However, the article could improve by providing more background information on the merger guidelines and their historical context to aid reader comprehension. Overall, the tone is neutral, though slightly leaning towards sensationalism in its depiction of business community reactions.

Source quality

The article cites statements from credible sources such as FTC Chair Andrew Ferguson and includes opinions from industry experts like Vadim Brusser and Joseph Coniglio. However, it relies heavily on these few sources without providing a wider range of expert opinions or data to support the claims. The authority of the sources is adequate, but the article would benefit from additional perspectives or statistical evidence to enhance its credibility.

Transparency

The article provides a clear account of the FTC's decision and the reactions it has provoked, but it lacks transparency in explaining the methodology behind the claims. There is little context provided about how the merger guidelines have functioned historically or the specific criteria used by the FTC in their enforcement. Additionally, potential conflicts of interest among quoted sources, such as those with ties to the business community, are not disclosed, which could affect impartiality.