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ARTICLE · 15 FEBRUARY 2024

Antitrust M&A: How Will 2023's Turbulence Affect Dealmakers In The Coming Year?

Mayer Brown
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It was a momentous (and tumultuous) year for the Biden Administration's antitrust M&A agenda, with increased litigation to block deals resulting in both high-profile wins and painful losses...

United StatesAntitrust/Competition Law
William Stallings
William Stallings
Lauren E. Knudson
Lauren E. Knudson
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It was a momentous (and tumultuous) year for the Biden Administration's antitrust M&A agenda, with increased litigation to block deals resulting in both high-profile wins and painful losses, issuance of new Merger Guidelines that re-calibrate the government's position on how to analyze deals, and a proposal to fundamentally restructure the information parties must provide to comply with the up-front Hart-Scott-Rodino ("HSR") pre-merger notification requirements.

These actions furthered the aggressive antitrust enforcement agenda that the Biden Administration has asserted from the beginning of its tenure. Less than six months after taking office, President Biden issued his "Executive Order on Promoting Competition in the American Economy" (July 9, 2021, the "EO"), establishing a "whole-of-government effort" to address competition concerns and direct federal agencies to commit to stronger and more vigorous enforcement of the federal antitrust laws.1 The EO expressed

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