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federal trade commission
Trump’s Lax Approach to Antitrust Helps Spur Banner Year for Corporate Mergers
"Trump’s new antitrust enforcers have demonstrated a willingness to facilitate dealmaking through an uptick in early terminations and settlements," said the American Economic Liberties Project.
Dec 26, 2025
Global corporate mergers surged to near-record highs in 2025, driven in part by US President Donald Trump's lax approach to antitrust enforcement.
The Financial Times reported on Friday that global dealmaking in 2025 topped $4 trillion, including 68 mergers worth $10 billion or more, highlighted by Netflix's $72 billion bid to buy Warner Bros. Discovery and a proposed $85 billion mega-merger between railway giants Union Pacific and Norfolk Southern.
The US alone accounted for $2.3 trillion worth of mergers and acquisitions, which the Financial Times said highlighted the Trump administration's role in green-lighting corporate consolidation.
"Top dealmakers said that the Trump administration’s push to loosen regulation had encouraged companies to explore tie-ups that they might otherwise have been hesitant to pursue," the Financial Times explained.
Andrew Nussbaum, co-chair of the executive committee at law firm Wachtell, Lipton, Rosen & Katz, told the Financial Times that corporate leaders "see a willingness of the regulators to engage in constructive dialogue" under the second Trump administration, which has given them "a willingness to take on regulatory risk for transactions that are strategic."
The American Economic Liberties Project has also taken note of the Trump administration's role in shepherding through big mergers, and created a Trump Merger Boom tracker earlier this year to document the massive wave of corporate consolidation.
In its analysis of the administration's lax approach to antitrust enforcement, the American Economic Liberties Project said that "Trump’s new antitrust enforcers have demonstrated a willingness to facilitate dealmaking through an uptick in early terminations and settlements."
"Despite pro-enforcement rhetoric early on from Trump’s heads of the FTC and DOJ Antitrust Division," the American Economic Liberties Project added, "it’s becoming increasingly clear that agency leadership is having trouble making their decisions in a vacuum—with a quiet tide of deals granted to companies that have been friendly to the White House."
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Watchdog Celebrates Victory Over Instacart Pricing Scheme—But Says Broader Corporate Abuse Remains
"Instacart is far from the only corporation using AI technologies to determine exactly how much profit they can extract from their customers by overcharging them," said the executive director of Groundwork Action.
Dec 22, 2025
The watchdog group that exposed Instacart's artificial intelligence pricing scheme is rejoicing after the company announced on Monday that it was ending the controversial program.
Earlier this month, Consumer Reports joined the Groundwork Collaborative and More Perfect Union to report that the grocery shopping app—which calls itself the "largest online grocery marketplace in North America"—was using the AI pricing software Eversight to charge up to 23% more for some customers than others for the same items, subjecting users to a "pricing experiment" that could cost them as much as $1,200 extra each year.
The Federal Trade Commission (FTC) took notice of the report, saying it was "disturbed" by the findings, and launched an investigation on Thursday, which caused the company's stock price to plummet by about 7%. It also attracted attention from members of Congress, including Senate Minority Leader Chuck Schumer (D-NY), who demanded government action on what he called "shakedown pricing."
Instacart agreed that same day to pay the FTC $60 million in a settlement for what the commission said was "a variety of deceptive tactics that misled consumers and caused them to pay more in fees." These included falsely advertising "free delivery" to consumers on their first order, implying that customers would receive a full refund if they were dissatisfied with their delivery, and failing to disclose membership charges.
The settlement does not mention Instacart's use of AI pricing experiments, but on Monday, the company said it would hit the brakes on that as well, following customer backlash.
"Effective immediately, Instacart is ending all item price tests on our platform. Retailers will no longer be able to use Eversight technology to run item price tests on Instacart," the company said in a statement. "Now, if two families are shopping for the same items, at the same time, from the same store location on Instacart, they see the same prices—period."
While it acknowledged that the pricing scheme "missed the mark for some customers," the company maintains that it was not using "dynamic pricing or surveillance pricing" and that it was not changing prices "based on supply or demand, personal data, demographics, or individual shopping behavior."
Alex Jacquez, Groundwork's chief of policy and advocacy, celebrated on social media that "Instacart has ended all item pricing experiments on its platform," calling it a "big win for consumers."
Groundwork Action's executive director, Lindsay Owens, likewise took pride in the fact that "once we pulled back the curtain on Instacart’s hidden pricing experiments, the company had no choice but to close the lab," but also said "it shouldn’t take investigative research, public outcry, and the threat of FTC action to convince companies not to treat consumers like lab rats."
"Instacart is far from the only corporation using AI technologies to determine exactly how much profit they can extract from their customers by overcharging them," she added.
Though the investigation did not find evidence that Instacart was using these methods, other companies—including Amazon, Delta Air Lines, and Home Depot—have been accused of fluctuating prices for consumers based on ZIP code or income level.
Owens said, "It’s time for regulators to put a stop to corporate pricing schemes and take action to restore fair, predictable, and transparent pricing.”
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FTC Opens Investigation Into Instacart Pricing After 'Bombshell Report'
Groundwork Collaborative revealed this month that artificial intelligence-enabled pricing experiments used by the shopping app have charged users up to 23% more than others for the same products.
Dec 18, 2025
The executive director of Groundwork Collaborative, the advocacy group behind a "bombshell report" that exposed Instacart's artificial intelligence-powered pricing schemes, welcomed the news that the federal government US opening an investigation into the business practice, and urged the Federal Trade Commission to follow the probe with concrete consumer protection actions.
The FTC told Gizmodo that "like so many Americans, we are disturbed by what we have read in the press about Instacart’s alleged pricing practices.”
Groundwork joined Consumer Reports and More Perfect Union in examining Instacart's practice, using the AI pricing software Eversight, of quoting different prices to different shoppers using the company's app, which allows people to order groceries and send a shopper to pick them up.
Some customers at a Safeway in Seattle were charged a price that was 23% higher than other shoppers for Skippy peanut butter, Oscar Mayer turkey, and Wheat Thins crackers. In Washington, DC, customers using the Insacart app saw eggs priced at $3.99, while others who logged on at the exact same time were charged $4.79 for the same brand at the same store.
Instacart has the ability to change prices based on data such as ZIP code or income, though the groups did not find it is currently using that information in its pricing experiments.
Groundwork noted that the scheme is taking place as American families are already struggling to afford groceries, electricity, healthcare, and other essentials.
“At a time when families are being squeezed by the highest grocery costs in a generation, Instacart chose to run AI experiments that are quietly driving prices higher," said Lindsay Owens, executive director of Groundwork. "While the FTC’s investigation is welcome news, it must be followed with meaningful action that ends these exploitative pricing schemes and protects consumers. Instacart must face consequences for their algorithmic price gouging, not just a slap on the wrist.”
In its report, the group called on the FTC to take action under Section 5 of the Federal Trade Commission Act, which prohibits “unfair methods of competition," or to bring enforcement cases or initiate rulemaking to officially classify AI-enabled pricing strategies as "unfair and deceptive" strategies.
The progressive think tank Roosevelt Institute applauded Groundwork and its partners for the "major investigation" that pushed the FTC to act.
Instacart's shares dropped by about 7% following the news of the FTC probe.
On Thursday, the agency announced that Instacart would pay $60 million in refunds to settle separate allegations that it falsely advertised "free delivery" while charging a service fee, falsely advertised a "100% satisfaction guarantee" that suggested it would offer full refunds, and failed to disclose terms regarding Instacart+ membership.
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