What Happened
Defense Concerns Increasingly Influence Antitrust Decisions
The role of national security in merger review is expanding, as reflected in Section 857 of the Fiscal Year 2024 National Defense Authorization Act, which requires parties to provide materials to the Department of Defense for certain transactions. This development may signal a growing emphasis on defense and industrial-base considerations in antitrust decisions, potentially altering the dynamics of merger reviews. The IonQ-SkyWater merger serves as a notable example of the complexities involved in emerging-technology deals, where national security, antitrust, and industrial policy concerns intersect. As reported by Mogin Law LLP.