Davis Polk partner Jesse Solomon discussed the Biden administration’s antitrust enforcement agenda and its impact on deals with Bloomberg Law.

Jesse noted that oftentimes only the biggest players in the market have the resources to manage significant merger inquiries. “This is one of the big ironies of the current enforcement approach,” he said. “The chilling effect is largely on the non-blockbuster deals that are getting in-depth reviews but cannot sustain the costs of those reviews.”

This approach was formalized in December 2023 merger guidelines focused on consolidation and potential antitrust harms.

“Failed Deals Climb as Antitrust Enforcers Push Aggressive Agenda,” Bloomberg Law (September 23, 2024) (subscription required)

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