FTC & DOJ Substantially Revise Guidance on Application of Antitrust Laws to Activities Affecting Workers: Trump Administration Likely to Adopt Some But Not All of the Guidance

Two working days before the inauguration of President Trump, the federal antitrust agencies have withdrawn the Antitrust Guidance for Human Resource Professionals (2016) (“Guidance Document”), and issued Antitrust Guidelines for Business Activities Affecting Workers (2025) (“Guidelines”).  The 2025 Guidelines, issued over the dissent of FTC Commissioner Andrew Ferguson (President-Elect Trump’s designee for FTC Chair) and his Republican colleague, Commissioner Melissa Holyoak, significantly...
By: Cadwalader, Wickersham & Taft LLP

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