Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Roundtable of international enforcers closes 74th annual ABA Spring Meeting, (Mar 27, 2026)

By Jeffrey May, J.D.

Antitrust Division, FTC heads not in attendance for second year in a row.

The 74th Annual Spring Meeting of the American Bar Association (ABA) wrapped up on March 27 with its “Enforcers Roundtable.” The roundtable took a new format this year. On the dais were the heads of the competition authority heads for the United Kingdom, France, Mexico, and the European Union. Noticeably absent were Omeed A. Assefi, Acting Assistant Attorney General in charge of the Department of Justice Antitrust Division, and FTC Chairman Andrew Ferguson. Also absent was the chair of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force.

International enforcers. During the roundtable, U.K. Competition and Markets Authority (CMA) Chief Executive Sarah Cardell, French Competition Authority President Benoit Coeuré, Mexico Antitrust Commission Chair Andrea Marvan Saltiel, and EC Executive Vice-President for a Clean, Just and Competitive Transition Teresa Ribera responded to questions from New York University School of Law Professor Daniel Francis and ABA Antitrust Law Section Chair Renata B. Hesse, who is co-head of the Sullivan & Cromwell antitrust group.

The enforcers discussed how competition law and policy is impacted by the current political and economic climate. All noted the importance of their agencies being responsive to the economy but also pointed out the need for their agencies to be transparent and predictable for the business community, despite the changes in political leadership.

“It would be foolish for competition authorities to ignore politics,” said Coeuré, He added, however, that enforcers should avoid pendulum swings and “resist fads and fashions.”

Saltiel noted that competition policy cannot be isolated from broader priorities. She added that there needs to be coordination with other policy makers. “The main goal has to be to benefit consumers,” according to Saltiel.

Cardell discussed the importance of the CMA using its tool kit to focus on things that are most important for the U.K. economy: (1) driving economic growth and (2) addressing affordability and the cost of living. However, she also stressed the need to apply a consistent framework.

Ribera focused on the importance of the mission of the EC competition authority. She explained that the role of competition enforcers is to ensure a level playing field, as well as avoid the concentration of power and the abuse of dominant positions.

The panelists also discussed their approach market power in digital markets. The EC and U.K. have sector specific tools.

The tech sector requires a different approach, according to Ribera. She pointed to the huge concentration of power in a sector that has become absolutely systemic, as well as the fast-paced change in the sector. She pointed to benefits to small companies resulting from the Digital Markets Act and said it was not about punishment.

Cardell suggested that the U.K. Digital Markets, Competition and Consumers Act came into existence because the existing tool kit was not effective to address anticompetitive practices by the largest technology firms.

Looking ahead, the enforcers identified what policy and enforcement might look like ten years from now in 2036.

In response to the question about what competition enforcement might look like in 2036, Coeuré quipped that he would like to know what things will look like in six months. Looking further down the road, he added that entire parts of our economy will change dramatically and “we don’t know how.”

Saltiel discussed the growing importance of international engagement. She hoped for consistency in the approach to competition law among enforcement agencies. The International Competition Network and Organisation for Economic Cooperation will play an important role, she added.

Cardell noted the importance of collaboration among enforcers and called for agility at competition agencies to keep up with the pace of technology. Competition agencies cannot stand still to be relevant in 2036.

The worrying trend with respect to the concentration of power was pointed out by Ribera. She noted that the time to shape the future begins now.

Federal agency heads. This was the second year in a row that the heads of the federal antitrust agencies were not in attendance at the conference. However, both Ferguson and Assefi have delivered remarks at recent conferences.

Gail Slater, who had served as Assistant Attorney General (AAG) in charge of the Antitrust Division until her departure in February, appeared as a panelist during the Chair's Showcase program on March 26. During the session, moderated by Hesse, Slater reiterated her view that the federal antitrust enforcers are indeed enforcers and not regulators and do a very different job than regulators. During her tenure as AAG, Slater made the same observation, including in remarks delivered at the Fordham Competition Law Institute’s annual conference in September 2025.

Slater would not comment on an audience question about the role of the Tunney Act in antitrust proceedings other than to state her view of the importance of antitrust enforcement. Reports following Slater’s departure and the departures of other top Antitrust Division officials around the same time suggested that the moves resulted from disagreements over the propriety of a settlement in the Antitrust Division’s challenge to Hewlett Packard Enterprise Company's acquisition of smaller rival Juniper Networks, Inc. There were reports of possible political influence.

A group of state attorneys general are opposing entry of the settlement in the current Tunney Act proceeding. The states argued that Hewlett Packard used “political connections to push aside the Antitrust Division and pressure the DOJ to accept a merger settlement that addressed none of concerns expressed by the professional antitrust enforcers.”

State enforcers. While the roundtable did not include a representative from the state enforcement agencies this year, the states were well represented at the Spring Meeting. Perhaps, most notable, was an address by Colorado Attorney General Phil Weiser. Weiser discussed the important role that the state enforcers play in antitrust enforcement and defending the rule of law. Weiser posted the remarks on the Colorado Attorney General website.

Attorneys: Renata B. Hesse (Sullivan & Cromwell LLP).

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