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US: DOJ and FTC promise Pentagon aggressive antitrust enforcement in defense mergers

 |  April 21, 2016

The Department of Justice and the Federal Trade Commission this month issued a joint statementreaffirming the importance of preserving competition in the defense industry.

The antitrust agencies are responsible for reviewing mergers in the defense industry under Section 7 of the Clayton Act, which prohibits mergers whose effect “may be substantially to lessen competition, or to tend to create a monopoly.” Recently, however, the Department of Defense (DoD) has threatened to seek legislation to expand its role in the review of defense industry mergers.

The threat of legislation may have prompted the statement, which outlined the antitrust agencies’ framework for analyzing mergers and acquisitions in the defense industry.

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