U.S. Merger Enforcement in the Pocketbook Era

The current administration has made clear that merger enforcement will prioritize affordability for average Americans in consumer-facing industries—what it has termed “pocketbook issues.” Pocketbook issue transactions involve healthcare, energy, housing, agriculture, food, and other industries that directly affect everyday Americans. Within this industry agnostic merger enforcement approach, healthcare has emerged as a top priority, consistent with President Trump’s first term, when nearly half of the Federal Trade Commission’s (“FTC”) merger enforcement actions involved healthcare-related industries.  Read A&O Shearman’s article here.