Antitrust law today is the subject of intense public and political focus. Scrutiny of M&A activity in particular continues to be an area of priority for federal antitrust enforcers. 2022 saw robust deal activity, albeit at lower levels as compared to prior years, some sources reporting that the M&A market, although "still very active," has "cooled" as compared to last year. In keeping with the Biden Administration's focus on antitrust enforcement, DOJ and FTC leadership were aggressive in scrutinizing and challenging a number of high-profile transactions, in spite of mixed results in court. These developments—both the challenges and the ultimate court decisions—offer important insights for parties to contemplate as they consider strategic transactions in 2023.
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