DAMITT Q2 2016 Update: Antitrust Merger Investigation Duration and Activity Remain Near Record Levels; New Analysis Shows Merger Litigation Is Taking Longer, Too

July 14, 2016

According to the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT), significant merger investigations by the Department of Justice (DOJ) and Federal Trade Commission (FTC) during the first half of 2016 lasted an average of 9.5 months, as compared to 9.7 months during CY2015. Significant merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions resulting in a closing statement, consent order, complaint challenging a transaction, or transaction abandonment for which the agencies take credit. For the 12 months ending Q2 2016, the average duration was 9.3 months, as compared to the 9.0 months over the prior 12 months. With numbers this close, the duration of significant investigations appears to be on par with recent trends.

Although the duration of significant investigations has stabilized, the 9.5 month average recorded during the first half of 2016 is more than 30 percent longer than the 7.1 month average recorded by DAMITT in each of the 2011, 2012, and 2013 calendar years. Lengthier significant merger investigations evidently are here to stay.

Read "DAMITT Q2 2016 Update: Antitrust Merger Investigation Duration and Activity Remain Near Record Levels; New Analysis Shows Merger Litigation Is Taking Longer, Too."