Key insights
- The DOJ is scrutinizing claims of AI-driven disruption used to justify mergers, signaling potential headwinds for deals relying on unsubstantiated technological transformation arguments. This could lead to increased regulatory scrutiny and potentially delay or block mergers, posing a slight negative influence on equity valuations of companies pursuing such deals.
Investing.com -- The U.S. Department of Justice’s antitrust division cautioned companies on Thursday against using artificial intelligence disruption as a defense in merger reviews without substantiating their claims with evidence.
Acting Assistant Attorney General Omeed Assefi, who oversees the DOJ’s merger review work, addressed the issue at an event at New York University. While he noted that merging parties are welcome to engage with his division at any point in the review process, he made clear the agency can identify attempts at deception.
"We know when you are trying to mislead us," Assefi said at the event.
He acknowledged that companies frequently cite AI as a transformative force in their industries during merger reviews. "We know you will be tempted to tell us that AI is replacing your industries. We get it. We hear that a lot. For us to take it seriously, we expect it to be backed up with actual evidence," he said, according to prepared remarks.
The comments signal the DOJ’s approach to evaluating merger arguments that rely on technological disruption claims.
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