Market Trends 2020: Antitrust Merger Litigation

Summary

This article provides market trends in Department of Justice (DOJ) and Federal Trade Commission (FTC) merger enforcement litigation in 2020. As discussed in Market Trends 2020: Merger Remedies, most merger enforcement actions brought by the FTC and DOJ are settled immediately with consent decrees that involve some type of negotiated remedy; typically a divesture of the overlapping assets or a behavioral restriction on the merging parties. If there is no appropriate remedy (e.g., in a transaction where the only asset being acquired is an overlap) or if the merging parties and the government cannot agree on an appropriate remedy, then the FTC or DOJ will seek an injunction to block or unwind the transaction outright. Specifically, this article examines trends in industries involved in merger litigation, investigation and litigation timelines, and ultimate outcome of litigated cases.