Guest Column: Antitrust federalism
Following the 2024 election, many progressives thought they could work with the Trump administration on antitrust policy.
Their optimism stemmed from the many pro-Trump policymakers and advocates, including JD Vance, who supported a more aggressive use of antitrust enforcement than had been rationally advanced by conservative Republicans. This new approach to antitrust policy is reflected in the cases against META (parent company of Facebook and Instagram) and Alphabet (parent company of Google and YouTube) brought by the Federal Trade Commission and Justice Department during Trump’s first term.
Progressive hopes were soon dashed as Trump’s FTC Chair Andrew Ferguson abandoned the “neo-Brandeisianism” of the Biden years that sought to block even those mergers or acquisitions that would have benefited consumers. Trump’s pick to head the Justice Department’s antitrust division, Gail Slater, was more favorable to neo-Brandeisianism than her FTC counterpart.
According to some reports, Slater clashed with then-Attorney General Pam Bondi over antitrust cases Bondi wanted settled, such as the case against Ticketmaster’s parent company, Live Nation. These conflicts led to Slater’s resignation in February, followed by a Justice Department settlement with Live Nation. However, Live Nation still........
