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October 28, 2025
Cadwalader counsel Bilal Sayyed recently authored an article for NYU’s Compliance & Enforcement blog examining whether the current administration’s antitrust enforcement matches the “America First” rhetoric voiced by leaders at the DOJ and FTC.
Bilal notes that while DOJ and FTC leaders have publicly called for tougher antitrust enforcement, recent enforcement actions largely reflect continuity with prior administrations; however, most merger challenges are resolved through settlements and deal conditions rather than through litigation (or threats of litigation).
Outside of mergers, enforcement remains active in areas that were priorities for the previous administration, including algorithmic price-setting (RealPage/Greystar), interlocking directorates and employee non-compete agreements. Bilal highlights an emerging deregulatory agenda, as antitrust authorities move to eliminate or revise regulations that may protect incumbents and limit competition. While this could widen opportunities for smaller firms, most current enforcement has so far tracked familiar patterns, though amicus filings and the continued use of Statements of Interest in private litigation could shape future antitrust law.
Read the full article here.