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This report discusses the increased antitrust scrutiny and complexity for M&A deals. The US Department of Justice Antitrust Division and the US Federal Trade Commission released a draft update in July 2023 that could potentially increase the number of deals challenged by regulators. Market participants have a mixed outlook on how seemingly increased antitrust sentiments will impact dealmaking activity. While some point to frequent litigations and more complicated merger processes as major headwinds to M&A, others look to the regulators’ losses in court as a sign that M&A can forge ahead. Increased regulatory oversight has yet to translate into a significant increase in blocked deals, but several key lawsuits in the past few years point to heightened antitrust scrutiny and the regulators’ willingness to challenge acquisitions.
