"America First Antitrust": A potential political reorientation of U.S. antitrust law?
German Expert Offers Insight on US Antitrust Enforcement under New Republican Administration
In the July 2025 edition of Neue Zeitschrift für Kartellrecht, Hartmut Schnieder published an editorial titled "America First Antitrust," providing a valuable resource for those interested in understanding the potential changes in antitrust enforcement under the new Republican administration.
Schnieder's editorial discusses a political realignment of US antitrust policy under the new administration, reflecting a more nationalist and protectionist approach to antitrust enforcement. This shift marks a departure from the bipartisan, more globalist outlook of previous administrations, towards policies that prioritize domestic industry protection and strategic economic sovereignty.
The editorial highlights several potential consequences of this new approach:
- Stronger scrutiny of foreign competitors and mergers seen as threats to US economic leadership.
- Prioritization of US companies' competitive standing globally rather than focusing solely on consumer welfare or market efficiency.
- A potential reshaping of antitrust law enforcement tools to align with economic nationalism and geopolitical considerations.
This represents a shift from traditional US antitrust goals towards integrating national security and economic patriotism, reflecting broader political changes under the Republican administration after 2024.
It is worth noting that Schnieder has previously published perspectives on antitrust enforcement under the Trump I and Biden administrations in 2017 and 2021 respectively, also in Neue Zeitschrift für Kartellrecht. This is the fourth time Schnieder has published his perspectives on antitrust enforcement in the journal.
The editorial is significant as it offers a German perspective on antitrust enforcement under the new Republican administration, and it is expected to be influential in shaping the discourse on antitrust enforcement. The editorial is likely to spark debate and discussion among antitrust experts both in the United States and Germany.
[1] Hartmut Schnieder's editorial in Neue Zeitschrift für Kartellrecht, July 2025. [2] Hartmut Schnieder's previous work on antitrust enforcement in Neue Zeitschrift für Kartellrecht, 2017 and 2021.
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