To navigate increasing uncertainty around where and how antitrust law is enforced, companies need to understand this:
They would also prefer to take the lead in pursuing those goals, which would simplify the process. But unless Congress acts and other countries retreat — both unlikely — the antitrust landscape will remain fractured and complex, characterized by subtle if not mixed signals sent to lawmakers, deal participants, and competing regulators.Have boots on the ground everywhere you will face a review.
Most large public companies already have legal representation, either directly or through trade associations, in Washington. But how about Brussels? Japan and South Korea have also expanded their oversight of global companies, and, post-Brexit, the UK flexing its muscle. Don’t assume, as Wall Street analysts often do, that Washington is the only M&A regulator that matters.The worst time to introduce yourself to antitrust regulators is after you’ve announced a transaction.
The government’s focus on big technology companies including Microsoft, Google, and Meta offers a free education for all business leaders on the current state of global antitrust and growing tension among regulators. While the timing and trajectory of reform, both in the U.S. and elsewhere, may not be clear, efforts to enforce existing law and to expand it wherever possible has become the global order of the day. Ignore it at your peril.
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