Insights

Washington, D.C. – July 17, 2023: Crowell & Moring hosted its 24thannual George Bailey Public Service Awards ceremony. Named after the hero of the classic movie, “It’s a Wonderful Life,” these awards recognize the firm’s lawyers and staff who have made a substantial impact on the lives of others.

2026 will be a significant year for retailers and e-commerce companies, with significant changes on the horizon that will affect the entire industry and ecosystem. Potential headwinds and developments in product safety, pricing, artificial intelligence, data privacy, website compliance, and environmental responsibility are expected. But amidst these changes, there are likely significant opportunities that retail and e-commerce businesses can capitalize on.

Assistant Attorney General Gail Slater of the Department of Justice, and Chairman Andrew Ferguson and Commissioner Mark Meador of the Federal Trade Commission, have each looked to the history of conservative voices to chart a path forward for antitrust enforcement in the second Trump Administration. Within the last three weeks, AAG Slater delivered remarks to the University of Notre Dame Law School, Chairman Ferguson delivered remarks at the International Competition Network Annual Conference, and Commissioner Meador shared his policy aims in an FTC paper and a speech to George Washington University. The enforcers emphasized the need for robust antitrust enforcement to break private monopolies and other anticompetitive arrangements. These enforcers appear to align on priorities, though differing slightly in methods, grounding their rationale in what they describe as traditional conservative values, while at the same time distancing themselves from previous Republican administrations which have emphasized anti-cartel policies and an otherwise preference for limited intervention in markets.

On April 17, 2025, Arkansas recently became the first state to enact broad restrictions on pharmacy benefit managers (“PBMs”) owning retail pharmacies within the state.