Antitrust merger enforcement has been taking place at an almost frantic pace. This heightened enforcement activity follows on the heels of significant developments in antitrust merger law and policy, including new Horizontal Merger Guidelines issued by the Federal Trade Commission and the Department of Justice’s Antitrust Division, as well as changes to the Hart-Scott-Rodino (HSR) filing requirements and enforcement actions against those who violate the HSR rules. Important legal and practical lessons can be gleaned from these cases.
Increase in Merger Litigation
The antitrust agencies recently have brought a string of lawsuits opposing M&A transactions in a variety of industries. Several of these challenges have been resolved, while the outcomes of others are pending.1
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