Room for Agreement? Antitrust Merger Consent Decrees Policy and Practice Under the Biden Administration

Antitrust regulators at the Department of Justice Antitrust Division and the Federal Trade Commission have called to end what they perceive as an era of lax antitrust enforcement, challenging mergers in court instead of settling them with traditional remedies, such as divestitures of business assets.  But despite these public pronouncements, this article shows, first, that the DOJ and FTC have taken a markedly different approach to merger remedies in practice, with the FTC settling mergers with