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ARTICLE · 04 OCTOBER 2018

DOJ Announces Merger Process Reforms: Déjà Vu All Over Again?

Jones Day
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Merging parties understandably welcome any reforms that decrease the duration and burden of merger reviews.

United StatesAntitrust/Competition Law
Kathryn Fenton
Kathryn Fenton
J. Bruce McDonald
J. Bruce McDonald
Michael Gleason
Michael Gleason
Odeshoo Hasdoo
Odeshoo Hasdoo
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In Short

The Situation: Between 2013 and 2017, the average length of a U.S. Department of Justice ("DOJ") Antitrust Division merger review increased 65 percent to 10.8 months.

The Response: DOJ announced reforms to improve efficiency and transparency in DOJ merger reviews. Acknowledging the increasing delay as a "problem," DOJ is setting a goal to resolve most merger investigations in six months.

Looking Ahead: Merging parties understandably welcome any reforms that decrease the duration and burden of merger reviews. However, the antitrust agencies have tried similar reforms in the past that have proved difficult to implement, and DOJ's plans for stricter enforcement of third-party subpoenas may significantly increase the cost and burden to third parties.

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