8 Antitrust Considerations For Defense Industry M&A


Jon Dubrow wrote this bylined article on the unique competition law considerations involving mergers, acquisitions and joint ventures among aerospace and defense contractors. One of the key considerations, he wrote, is that “national security can trump competition concerns in limited circumstances.” Even where the FTC or DOJ believe a transaction creates competitive issues, Mr. Dubrow explained, if “the DOD believes is important for preserving national security, an affirmative statement by the DOD in support of the transaction can allow it to proceed over competition law concerns.”