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ARTICLE · 23 JULY 2026

US Antitrust Regulators Concerned With “acqui-hiring” In The Tech Sector

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US antitrust regulators are scrutinizing "acqui-hiring" transactions where technology giants hire away startup teams and license their intellectual property without formal acquisitions.

United StatesAntitrust/Competition Law
Christopher Caparelli
Christopher Caparelli
Konata Lake
Konata Lake
Omar Wakil
Omar Wakil
Ellie Kang
Ellie Kang
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Highlights

  • “Acqui-hiring,” historically a transaction whereby a buyer agrees to acquire a target’s assets and hire its employees, has morphed from salvaging failed startups into a structure used by global technology companies for multibillion-dollar deals.
  • The use of this arrangement has accelerated with the rapid dealmaking for artificial intelligence (AI) companies and, unsurprisingly, has drawn the attention of US antitrust enforcers and members of Congress.
  • In its newer format, the acqui-hiring structure generally involves no formal acquisition or merger at all. Rather, the acquirer hires away a startup’s core team and enters into a non-exclusive license for the technology still owned by what is effectively a shell company.

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