What Happened
Defense Industrial Base and Competition Law Collide
The intersection of national security and antitrust law is becoming increasingly relevant in merger reviews, particularly in the defense sector. The recent IonQ-SkyWater transaction highlights the challenges of balancing competition concerns with national security interests. Section 857 of the Fiscal Year 2024 National Defense Authorization Act requires certain parties to provide materials to the Department of Defense, giving the agency a more formal role in transactions that may affect national-security supply chains. This shift was first reported by Mogin Law LLP.