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.
Shawn Johnson is a partner in Crowell & Moring's Antitrust Group and is located in the firm's Washington, D.C. office. Shawn's practice involves antitrust counseling on a wide variety of subjects, with particular focus on transactional antitrust matters such as mergers, acquisitions, and joint ventures. He also regularly advises clients in connection with both grand jury and civil non-merger investigations, as well as issues related to compliance with the Hart-Scott-Rodino Act. Shawn has represented clients before the United States Department of Justice, the Federal Trade Commission, the Federal Communications Commission, the Department of Defense, and many state attorneys general. He also regularly represents clients with regard to the international antitrust aspects of mergers and acquisitions. Shawn has extensive experience advising on antitrust issues in a broad range of industries, including healthcare, aerospace, defense, chemicals, telecommunications, and natural resources.