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Dealmakers Prepare to Fight Antitrust Regulators
Over the last two years, watchdogs at the FTC and DOJ, tasked with reducing consumer harm and protecting innovation, have scrutinized M&A transactions much more closely and appear to have tried to block more deals than in the past. The dramatic increase in antitrust inquiries has deterred corporate acquirers from scooping up startups and other tech businesses, M&A attorneys and dealmakers say. While elevated antitrust risk has deflated M&A activity, potential acquirers are increasingly willing to fight the government in court after watching some buyers prevail by litigating deal blocks.