Paramount-Warner Merger Challenge Indicates States’ Growing Role in US Antitrust Enforcement, Continuing Education of the Bar
2026年07月28日Continuing Education of the Bar quoted partner Josh Goodman in an article examining the growing role of state attorneys general (AGs) in challenging mergers, even after federal regulators have declined to intervene.
The article explores how heightened state antitrust enforcement is reshaping the merger review landscape and creating new considerations for transaction parties. Josh discussed what’s driving this trend.
“I think there is a confluence of factors that include ─ generally ─ greater interest in antitrust throughout society and the public,” Josh said. “Perception by some state AGs that the federal enforcement is not as active as it once was, and a concern with the type of affordability and competition concerns that underlie antitrust law.”
Josh also noted that states may challenge transactions they believe have not received sufficient federal scrutiny, pointing to healthcare mergers as an area where several states have adopted specialized merger review statutes.