Joint DOJ-FTC Memorandum Puts Defense M&A Deals in the Crosshairs
Client Alert | 1 min read | 04.14.16
On April 12, DOJ and FTC issued a joint statement, “Preserving Competition in the Defense Industry,” which reiterates the analytical framework for reviewing defense industry mergers and acquisitions set forth in the DOJ/FTC 2010 Horizontal Merger Guidelines and emphasizes that the antitrust agencies will continue to give substantial weight to DOD’s own assessment of such transactions – highlighting the need for companies in the defense industry to adopt a coordinated strategy when pursuing strategic transactions. According to the accompanying press release, the agencies “thought it timely to reinforce [the] message” that they remain “committed to preserving competition for current and future defense procurement ... [i]n light of recent speculation about possible future consolidation,” an indication to companies considering defense industry M&As that the cognizant oversight agencies are likely to remain active in reviewing such transactions.
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Client Alert | 4 min read | 07.31.26
On July 23, 2026, the U.S. Department of Justice’s Antitrust Division announced that it will again use targeted Second Request investigations and released a revised Model Timing Agreement, another signal that this Antitrust Division continues to take a more business friendly approach toward merger review. The model introduces an optional “Expedited Consideration” process that gives merging parties the option to address discrete competitive concerns identified by the DOJ before undertaking full Second Request compliance.
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
