DAMITT At-A-Glance: 2018 Year in Review

January 28, 2019

While the circumstances of future antitrust-sensitive transactions may lead to results above or below DAMITT averages, 2018 statistics suggest that parties to the hypothetical average “significant” deal subject to review only in the United States would have to plan on approximately 10-11 months for the agencies to investigate a transaction, and another five to seven months if they want to preserve their right to litigate an adverse agency decision. Deal timetables for EU cases where the investigation is likely to proceed to Phase II need to account for an average lapse of almost 13 months from announcement to clearance.

Significant U.S. Antitrust Merger Investigation Outcomes (2011 – 2018)

Significant EU Antitrust Merger Investigation Outcomes (2011 – 2018)

Average Duration of Significant U.S. Antitrust Merger Investigations (2011 – 2018)

Average Duration from Announcement to End of EU Phase II Cases (2011 – 2018)

Time to Litigate Government Antitrust Merger Challenges in Federal Court

(Complaints Filed in 2011, 2015, 2016, 2017 and 2018 and Litigated to a Decision)