Brian Burke and Marisa Dieken Author Article on Growing State-Federal Divergence in US Merger Enforcement for Ethisphere

Baker McKenzie Antitrust & Competition attorneys Brian Burke and Marisa Dieken recently authored an article for Ethisphere examining the growing divergence between federal and state merger enforcement in the United States as the Hart-Scott-Rodino (HSR) Act reaches the 50th anniversary of its passage.

While state attorneys general have historically played a supplemental role alongside the Department of Justice and Federal Trade Commission, several states are taking a more active approach to merger review, including independently challenging transactions and adopting measures that expand access to HSR filings.

The authors note that increased state involvement could become a lasting consideration for companies pursuing strategic M&A, potentially adding complexity and time to merger reviews.

Read the full article here: HSR Act at 50: The Rise of State AG Merger Enforcement