BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month May 19, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Antitrust
  • schedule 90 minutes

Antitrust Enforcement 2026 Update: Federal Recalibration, Rising State HSR Regimes, and Deal Strategies

Private Litigation Exposure, Remedies, and Documentation Best Practices

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About the Course

Introduction

This CLE course will survey key antitrust enforcement and litigation trends, focusing on shifts in federal policy under "Trump 2.0," increased state activity, private litigation risk, and heightened enforcement around technology practices and specific industries. The lessons learned will help attendees formulate effective, practical deal planning strategies for mergers while also helping attendees minimize regulatory and private litigation risk in 2026.

Description

Antitrust enforcement in 2026 is a recalibration of federal priorities happening in tandem with growing state regulatory activity and market pressures. Consumer-facing industries in key sectors such as technology and life sciences are facing more specific, policy-driven agency scrutiny. However, expectations around competition, algorithmic pricing, and economic impacts remain muddled amidst divergent enforcement efforts, making it hard for counsel to plan and execute deals. 

Explore core Trump 2.0 enforcement themes and the administration's areas of focus, the expanding role of state antitrust regimes, including mini "HSR" laws, and independent litigation efforts. Learn practical deal planning strategies, including timing implications for HSR filings, opportunities to negotiate structural remedies, and best practices for internal communications and documentation during this antitrust update. 

Listen to our expert faculty as they examine Trump 2.0 antitrust enforcement trends, state developments, and actionable deal strategies to mitigate risks and improve 2026 transactions. 

Presented By

Megan Browdie
Partner
Cooley LLP

Ms. Browdie is a strategic counselor to many of the world’s most innovative companies, solving clients’ antitrust issues, guiding transactions through merger review and representing clients in government investigations and litigation. Working with clients in a wide range of industries, with a particular focus on life sciences and tech, she has helped secure critical wins in diverse cases and has experience in matters before the U.S. Department of Justice, U.S. Federal Trade Commission (FTC) and state antitrust authorities. Ms. Browdie also counsels clients on a variety of topics, including pricing practices, licensing of intellectual property and other distribution issues. She is an active member of the ABA’s Antitrust Law Section, currently serving as a vice chair on the Health Care and Pharmaceuticals Committee. Ms. Browdie previously held various positions on the Mergers and Acquisitions Committee, the Federal Civil Enforcement Committee and the Presidential Transition Task Force. She was also an editor of the two-volume Antitrust Law Developments (Ninth Edition), the premier antitrust treatise. 


Mark C. Grundvig
Partner
Foley & Lardner LLP

Mr. Grundvig, a former federal prosecutor with the U.S. Department of Justice (DOJ), focuses his practice on antitrust investigations and litigation, white collar criminal defense and litigation, government investigations, corporate compliance, and congressional investigations as a partner in the firm’s Antitrust & Competition Practice Group. He has provided antitrust counseling and training for companies operating in a variety of industries and has provided antitrust risk assessment guidance reflecting enforcement priorities. He has also conducted internal investigations for companies facing potential antitrust exposure in various jurisdictions. Prior to Foley, Mr. Grundvig served over 25 years with the DOJ, most recently as Assistant Chief in Washington, D.C., with a criminal office of the Antitrust Division. As Assistant Chief, he oversaw investigations and prosecutions of criminal violations of federal laws relating to competition matters, including price fixing, bid rigging, customer allocation, and fraud. Mr. Grundvig additionally supervised investigations and litigation handled by the office and provided training, direction, guidance, and approval on investigative plans, litigation strategy, plea resolutions, leniency applications, compliance proposals, and outreach efforts. He regularly coordinated with foreign jurisdictions and domestic agencies on case-related matters and served as a senior trial attorney for the Antitrust Division.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, May 19, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I.     Federal priorities and enforcement philosophy

II.     Sectors of focus and deal considerations

III.     State antirust enforcement trends and mini HSR regimes

IV.     Merger strategy review: timing, risk allocation, and remedies

V.     Practical deal planning: documentation, counsel engagement, and transaction structuring

The panel will address these and other key considerations:

  • How should counsel adapt deal planning strategies to ensure transaction success amidst evolving enforcement priorities?
  • What practical steps can deal teams take to manage HSR risk?
  • Where, when, and how should structural remedies be negotiated?
  • What are the most impactful federal and state enforcement and regulatory changes for 2026?