Uncertainty looms over the US federal government due to the looming possibility of a partial shutdown. An impasse in Congress regarding the enactment of appropriations to fund specific federal operations could result in a shutdown by September 30, 2023. This situation could have significant effects on antitrust merger enforcement and the review of new and existing filings by the Committee on Foreign Investment in the United States (CFIUS).
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) have started preparation for this possible outcome. Both departments have issued guidelines indicating how such a scenario would influence their operations directly related to antitrust merger enforcement. While it is yet to be seen how these possibilities impact DOJ’s and FTC’s operations, past experiences indicate that legal professionals should expect delays and increased scrutiny.
The situation goes beyond these departments and is poised to affect the Committee on Foreign Investment in the United States (CFIUS). This inter-agency committee is instrumental in reviewing transactions that could present national security concerns due to the control of a U.S. business by a foreign person. Given the potential government shutdown, the review process for new and existing filings by CFIUS could be significantly impacted.
As the situation unfolds, legal professionals working with large corporations and law firms must keep a close eye on these developments. The leading international law firm, White & Case LLP, has provided a comprehensive analysis of the ‘Impact of Government Shutdown on US Antitrust Merger Enforcement and CFIUS Reviews’. Legal professionals can follow the link below to understand more about the potential impacts of an impending government shutdown on their work.
For full details, please refer to the original article on JD Supra linked here.