What to Expect in 2024 Merger Enforcement: Trends and Developments from 2023

During 2023, M&A activity in the United States showed some signs of rebounding from the post-pandemic cooldown. Meanwhile merger enforcement remained the subject of intense public and political focus. The Federal Trade Commission and the Department of Justice continued to press an aggressive enforcement agenda, featuring envelope-pushing litigations and a decline in settlements. Yet, government enforcers continue to have an inconsistent record in front of the courts and appear willing to consider settlements to resolve already-filed litigations.

Read our Newsletter to learn how these 2023 developments may impact parties considering strategic transactions in 2024.

© Arnold & Porter Kaye Scholer LLP 2024 All Rights Reserved. This Newsletter is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.