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DEFENSE & GOVERNMENT CONTRACTING

Antitrust merger review

Antitrust merger review in the Defense and Government Contracting sector is under active scrutiny from the U.S. Department of Justice Antitrust Division and the U.S. Federal Trade Commission, both of which have signaled heightened skepticism toward consolidation among prime contractors and critical supply chain vendors. The DOJ's 2023 Merger Guidelines explicitly expanded the analytical framework for transactions involving monopsony concerns, which applies directly to defense procurement markets where the U.S. government is often the sole buyer. Compliance teams at defense contractors are now mapping deal structures against that framework before pre-merger notification filings, not after.

Watch

  • DOJ 2023 Merger Guidelines: monopsony analysis now applies to defense procurement markets
  • Second Requests trending longer for deals involving classified systems or ITAR-controlled technology
  • FTC scrutiny of vertical integration between prime contractors and sole-source component suppliers
  • HSR Act filing thresholds adjusted to $119.5M in 2024; confirm applicability to your transaction size

Recent material activity in Defense & Government Contracting

Active monitoring in place across Defense & Government Contracting. Material developments related to antitrust merger review will appear here as they are published.