The Department of Defense’s Role in Merger Review

By David A. Higbee, Djordje Petkoski, Ben Gris & Mark G. Weiss – 

Within the Office of Industrial Policy, the Department of Defense has a leanly staffed unit which reviews and advises the antitrust agencies on the Pentagon’s views about mergers and acquisitions affecting the defense industry, including their effects on competition and national security. While the office is often overlooked by antitrust practitioners, it can wield significant influence in the merger review process. Companies considering M&A deals in the defense industry are well advised to consider the views of this office as they evaluate and structure those deals.

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