2017 began with the inauguration of Donald Trump as the 45th President of the United States.
During his campaign, President Trump gave only limited insight into how his administration
would tackle antitrust issues generally. Since the election, antitrust enforcement in the
high-technology sector has been limited, with few cases reaching decision points that would
shed light on future enforcement priorities. The uncertainty is compounded by the fact that
key leaders for both the Federal Trade Commission (FTC) and the Antitrust Division of the
Department of Justice (DOJ) are either awaiting confirmation or yet to be identified.
Although the DOJ and FTC will likely continue to pursue cases involving technology,
the framework for analysing these cases will be developed after new leadership at both agencies
is installed. In the meantime, we can expect to see continued grappling with concepts like
innovation markets and future competition. In addition, one of the most interesting emerging
issues in high-technology mergers is the impact of algorithmic pricing models and other
automated systems that may change how we traditionally analyse factors such as incentives
for coordination. Whether a new President.
This article was originally published in The Merger Control, - Edition 8