Is 5-to-4 the New 4-to-3? A View from the United States

There are a number of ways that merger enforcement in the United States could become more aggressive in the near future. Such a shift may result from a tightening of the structural presumption, a lowering of de facto litigation thresholds by federal agencies, or simply a shift in economic conditions. In this article, Partners Nicholas Hill and Keith Waehrer examine the current environment and variables that could influence such a shift.