Photo of Steve McBradyPhoto of Peter J. EyrePhoto of Alan W. H. GourleyPhoto of Shawn R. JohnsonPhoto of Ryan C. Tisch

On April 12, the DOJ and FTC issued a joint statement titled “Preserving Competition in the Defense Industry,” which reiterates the analytical framework for reviewing defense industry mergers and acquisitions set forth in the DOJ/FTC 2010 Horizontal Merger Guidelines, and emphasizes that the antitrust agencies will continue to give substantial weight to the DOD’s own internal assessment of such transactions – highlighting the need for companies in the defense industry to adopt a coordinated strategy when pursuing strategic transactions.  According to the accompanying press release, the agencies “thought it timely to reinforce [the] message” that they remain “committed to preserving competition for current and future defense procurement … [i]n light of recent speculation about possible future consolidation,” an indication to companies considering defense industry mergers and acquisitions that the cognizant oversight agencies are likely to remain active in reviewing such transactions.