The Department of Justice (DOJ) and Federal Trade Commission (FTC) have overhauled merger review guidelines, making it harder to close deals without scrutiny.

What’s New:

• The agencies now examine not just market share, but vertical integration, labor market impact, and even innovation suppression.
• More deals are being challenged or delayed—even in the tech and healthcare sectors.

Impact on Business:

• Strategic acquisitions may face longer timelines and higher legal costs.
• Early antitrust analysis is now essential—even for smaller, seemingly “safe” deals.

Legal Tips:

• Conduct thorough pre-merger antitrust risk assessments.
• Prepare robust documentation justifying pro-competitive benefits.
• Engage counsel early to avoid costly surprises.

Key Takeaway:
The antitrust bar has been raised—plan for it, or risk your deal falling apart.

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