Press Release
October 31, 2024

Digital Markets Guide: DOJ and FTC to Shift Focus to AI as Stringent Merger Enforcement Chills Tech Deals (GCR)

The Global Competition Review recently published the fourth edition of the Digital Markets Guide, a detailed guide examining the current state of law and important jurisdictions regarding international business. Goodwin Antitrust & Competition co-chairs Andy Lacy, Arman Oruc, along with partner Brady Cummins and associates Danielle Fong and Andrew Jensen contributed to the chapter focusing on the shift to AI from both the Department of Justice and Federal Trade Commission.

The team concluded that parties considering transactions should be aware that the FTC, for the time being, may be able to strategically forum-shop to find a court that will apply a more favorable standard for preliminary injunctions, increasing the likelihood that the FTC can successfully block a transaction.