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Happy New Year! For antitrust policymakers still finalizing their resolutions list, our experts at The Prompt are ready to assist. The first Prompt in 2026 asks:
It’s a new year. What resolution(s) would you like to see the Department of Justice (DOJ) and Federal Trade Commission (FTC) each make?
The Prompt
Answering antitrust challenges one question at a time
The Chamber has assembled a range of preeminent experts in the field of antitrust from across a wide political spectrum to offer timely views on key questions of antitrust law and policy. This group brings together senior enforcers spanning seven administrations, from both the Antitrust Division at the Department of Justice and the Federal Trade Commission.
Suggestions ran the gamut, from improving Merger Guidelines to improving staff morale:
“First and foremost, a commitment to promoting transparency and predictability. Businesses need predictability to gauge ROI and make investments, which is precisely the behavior the Trump Administration seeks to foster. Second, a commitment to stewarding the vast authority and power of the agencies to benefit consumers and protect the integrity of the institutions rather than play politics, capture headlines, and advance their careers.”
“I would like to see the agencies resolve to use their resources to focus on concrete antitrust issues in investigations, and not need to chase down and closeout every hypothetical concern that someone within the agency might have thought of during the investigation.”
“I would like to see Senate-confirmed antitrust officials resolve to take at least one action that is the right thing to do under the antitrust laws, but not supported by the administration, as antitrust leaders from, say, 1993-2016 of both parties did routinely.”
“DOJ and the FTC should withdraw the 2023 Merger Guidelines and replace them with a revamped economically up to date version of the 2010 Merger Guidelines.”
“The agencies should resolve to report to report to the public on how they and courts have applied the 2023 Merger Guidelines.”
“It would be wonderful to see each agency commit itself to promoting consumer welfare and competitive markets and principled effective and enforceable remedies.”
“I would like to see DOJ's leaders resolve to resign rather than follow any order that undermines the rule of law. Essentially the same resolution that any government official, in any era, should make, but especially important now."
"FTC leaders: it may be a gloomy New Year's toast, since they may be presiding over the beginning of the end of the FTC as we've known it. Flaws and all, the Commission has had some glory days when internal debate led to better decision making, a highly motivated staff produced superior outcomes, and the overlapping bipartisan structure led to policy continuity. So drink up, and prepare to bid farewell to the redundant, contentious, sometimes infuriating FTC, which, to paraphrase Churchill on democracy, may have been the worst antitrust agency except for all the others.”
“For the agencies to resolve to eschew populist rhetoric and some populist values carried over from the prior administration and to return federal antitrust policy to the mainstream, consensus, pro-market values that characterized the field beginning in the mid-1970s.”
“I’d like both agencies to resolve to show staff as much appreciation as they can. With the attrition at the agencies, staff are being asked to do more with less, and those that remain are dedicated public servants.”
“Both: Be more transparent with staff so they can be transparent with parties, make decisions more quickly."
"FTC: Get rid of the unnecessarily harsh rhetoric, pay attention to staff morale.”
“More transparency and a focus on due process plus decision-making informed by economic analysis.”
“Do a better job of resisting the current politicization and weaponization of antitrust. It hurts consumers, workers and the markets, and threatens the rule of law.”
