Mergers & Acquisitions, AI and Antitrust: The New Creative Ways for ...
Introduction
Two of the main pillars from the Biden Administration Antitrust Policy in 2023 have been an aggressive merger enforcement agenda and its crusade against Big Tech and vertical integration.
Mergers Enforcement
On the merger side, the Department of Justice (DOJ) and Federal Trade Commission (FTC) have published new Merger Guidelines and proposed new changes to Hart-Scott-Rodino Act (HSR) notification requirements. In addition, both antitrust agencies have challenged more mergers in 2022 and 2023 than ever before.
Challenges Faced
Courts in the US have pushed back on some extreme challenges and new theories by the agencies, such as in cases like the Microsoft/Activision.
Antitrust Actions on Big Tech
Both agencies have also filed major illegal monopolization cases against Apple, Google, Amazon, and Meta for various practices.
Impact on Industry
The aggressive antitrust policy is impacting the growth and innovation in the tech industry, especially for startups in AI.
New Strategies
Big Tech companies are exploring new and creative ways to get involved in the AI industry without facing antitrust scrutiny.
Microsoft and Inflection Deal
A notable deal involving Microsoft and Inflection showcases a strategic partnership that raises questions about antitrust implications.
For more information, you can visit The Antitrust Attorney.
