Elections Outlook Report - Flipbook - Page 30
Trump Administration Antitrust & Judiciary Executive Outlook
Immigration & Border Security
Nominations
Immigration and border security were at the center of President-Elect
Trump’s campaign platform, and we expect him to take swift action once
in office. We would expect significant executive actions on Day 1 regarding
immigration to carry out his campaign promises. These could include
declaring a national emergency regarding the border and immigration,
allowing him to channel more funds to the border and provide his
Administration with more flexibility in carrying out his immigration initiative.
To that end, Trump suggested “shutting down the U.S. – Mexico border” on
Day 1 and enhancing enforcement efforts and procedures, undertaking a
mass enforcement effort to detain and deport undocumented workers in
the United States. While the scope, process, and cost of the deportation
effort remain unclear, this will be one of President-Elect Trump’s top
agenda items.
President-Elect Trump’s appointments to key cabinet and agency posts
will go a long way to determining his Administration’s policies on a host
of issues. For antitrust, addition to Attorney General, we are also closely
monitoring his selections to the Federal Trade Commission and the
Antitrust Division of the Department of Justice. For intellectual property, we
are watching his selections for the Federal Communications Commission,
Patent and Trademark Office, and Department of Commerce. Judicial
nominations, particularly for the Federal Circuit, are also worth monitoring.
Antitrust Merger Rules
We would expect the Trump Administration to take a less hostile and
aggressive approach toward challenging mergers, though we do expect
increased scrutiny compared to a more “conventional” Republican
Administration. We expect the Department of Justice and Federal Trade
Commission to rescind and revise the Biden Administration’s 2023 Merger
Guidelines early in his Administration. Regulatory scrutiny of mergers
could differ by sector, with pharma and agriculture receiving heightened
attention.
