National Security and Competition: How Courts Evaluate National Security When Assessing a Merger

Old postcard of the Federal Trade Commission building

Michael McLaughlin examines the effect of defense mergers on the national security sphere, arguing that antitrust and national security are largely complementary in accomplishing the goals relevant to each.

In “National Security and Competition,” McLaughlin first discusses concerns that come with stifled competition in the defense market. He then focuses on the evolution in case law over the past few decades, explaining what standards courts apply to issue a preliminary injunction on a merger and to assess the effect of a transaction on national security.

To McLaughlin, these court analyses and the implications inherent in the issues suggest that arguments concerning the competitive impact of mergers and those concerning their consequences to national security ought to be framed cohesively.

By Michael McLaughlin

J.D., Georgetown University Law Center; M.A. Communications, Stanford University; B.A. Communications, Wake Forest University. The author is an associate in the Antitrust and Competition practice at Wilson Sonsini Goodrich & Rosati.

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