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ARTICLE · 29 MAY 2023

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4 Areas Of Heightened Antitrust Risk In Private Equity

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Antitrust enforcers are echoing claims of recent books and articles decrying private equity firms' reshaping of American business in ways allegedly antithetical to competition.

United StatesAntitrust/Competition Law
Ann O'Brien
Ann O'Brien
Lindsey Olson Collins
Lindsey Olson Collins
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Antitrust enforcers are echoing claims of recent books and articles decrying private equity firms' reshaping of American business in ways allegedly antithetical to competition.1

As antitrust enforcers remain keenly focused on health care, technology and labor, PE firms investing in these sectors have also faced increased antitrust scrutiny.2

Antitrust enforcement and litigation risks are moving from the portfolio companies to the PE firms themselves. Areas of heightened PE antitrust risk stand out: interlocking directorates, rollups, divested asset purchases and investment in competing entities. This article addresses these risks and offers takeaways for the current climate.3

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