Comparative Guides

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4. Results: Answers
Merger Control
Trends and predictions
How would you describe the current merger control landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
United States

Answer ... Merger control in the United States appears to be in flux. While antitrust enforcement has historically been regarded as apolitical, there is some evidence in the publicly reported enforcement data that suggests that Republican administrations have been slightly more forgiving of complicated deals, while Democratic administrations have been slightly tougher. The data for the first two years of the Trump administration is not yet in; but anecdotally, the administration is regarded as active in investigating mergers thoroughly and not simply providing ‘rubberstamp’ approval. In addition, the Department of Justice challenge to the merger of AT&T, a telecommunications provider, and Time Warner, a film, television and web content company, was an aggressive (and rare) challenge to a vertical merger and indicates that this administration is not simply following a traditional Republican approach to merger enforcement.

For more information about this answer please contact: Joseph Ostoyich from Baker Botts
Merger Control