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US and EU Regulators Increase Scrutiny of Vertical Mergers
Skadden – For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors, but also in health care, pharmaceuticals, transportation and manufacturing. This is not expected to change in 2023, even though Republicans will control the House of Representatives. In 2022, the antitrust agencies showed through word (policy changes) and deed (more litigation) that they are committed to pressing various theories to challenge mergers that historically faced little scrutiny, creating uncertainty for firms seeking to do deals.