Antitrust merger review
Antitrust merger review in the Technology, AI and Competition sector is one of the most actively contested areas of competition enforcement right now. The U.S. Department of Justice Antitrust Division and the U.S. Federal Trade Commission jointly revised the Merger Guidelines in December 2023, explicitly calling out market power concerns in AI-adjacent markets, platform ecosystems, and data-driven network effects. European Commission DG Competition has moved in parallel, conditioning or blocking deals where AI training data or model access creates durable competitive advantages.
Watch
- DOJ/FTC 2023 Merger Guidelines: AI market power language now applied in active reviews
- European Commission Phase II investigations targeting AI infrastructure acquisitions
- Second requests from DOJ Antitrust Division increasing for deals involving foundation model access
- FTC compulsory orders requiring prior approval before future acquisitions in AI adjacencies
Recent material activity in Technology, AI & Competition
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NIST releases updated AI Risk Management Framework companion guide for critical infrastructure
NIST published AI RMF 1.1 companion guidance specifically addressing AI deployment in critical infrastructure sectors including energy, financial services, and healthcare. The guide introduces mandatory risk assessment c…
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