With less than 50 days until the 2024 US presidential election, legal M&A professionals need to be ready for how a new presidency could impact the transaction planning, structuring and execution of mergers and acquisitions (M&A) across all industries. This includes understanding how the candidates are likely to approach regulation, especially around M&A.

Regulation and Antitrust Laws

The current administration has been pursuing an aggressive review and enforcement of antitrust laws. In 2023, the Federal Trade Commission (FTC) and Department of Justice (DoJ) published their updated guidelines on mergers. The guidelines were put in place to address a marked increase in consolidation activities, which were believed to be impacting domestic competition.