In a previous alert, we explained how the FTC and DOJ plan to address merger enforcement in the event of a potential government shutdown. Since then, the FTC has updated its contingency plan (the "Shutdown Plan") in January 2024 (see here). Based on this new Shutdown Plan, the implications of a potential shutdown would be quite significant for parties looking to engage in M&A activity that falls within the Hart-Scott-Rodino ("HSR") reporting requirements. These changes are summarized in the following Milbank insight.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.