Heightened M&A scrutiny at the Federal Trade Commission and Department of Justice have ratcheted up the time and cost of closing deals—but can regulators’ rhetoric match their track record in court?
In “The Real Impact of the Biden Era on M&A,” published by Law.com, co-author and Fenwick associate Elizabeth Suarez explores regulators’ appetite for challenging mergers using novel theories of harm—and contrasts it with their inability to transmute such arguments into case law.
Suarez and her co-authors tracked the three-dozen deals that the admin has challenged, showing that, while the FTC and DOJ’s tough talk has chilled M&A activity in recent years, the new legal theories it’s advancing do not often translate into litigation wins.
Check out the article at Law.com for the full story.