Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

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Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the federal government is a company’s smallest customer or its only customer. On March 18, 2024, U.S. Senators Elizabeth Warren (D-Mass.) and Mike Rounds (R-S.D.) sent a letter to the Secretary of Defense suggesting additional hurdles that may soon be put in place.