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Evolving Scrutiny in U.S. Merger Enforcement and Its Impact on Dealmaking
Haynes Boone – Antitrust regulatory risk for mergers and acquisitions in 2022 remains high: not only do proposed transactions continue to face heightened scrutiny, but the evolving enforcement standards from U.S. antitrust authorities may further increase deal uncertainty. Recent developments in antitrust cases, as well as congressional testimony and speeches by leaders from the Antitrust Division of the Department of Justice and the Federal Trade Commission demonstrate the agencies’ focus on aggressively challenging transactions that they perceive to be anticompetitive.