US DOJ's phased merger process lets firms trade litigation leverage for review speed
By Flavia Fortes ( August 4, 2026, 19:54 GMT | Comment) -- The US Justice Department's new phased merger review process promises companies a faster, more focused path through burdensome second-request investigations. But antitrust practitioners say the agency's newly revived phased-review policy may prove valuable only in a relatively narrow set of cases, with companies forced to weigh faster access to decision-makers against giving up one of their strongest sources of leverage in merger litigation: the threat of closing a deal before the agency can bring a challenge.The US Department of Justice's new phased merger review process promises companies a faster, more focused path through burdensome second-request investigations. But antitrust practitioners say the agency's newly revived phased-review policy may prove valuable only in a relatively narrow set of cases, with companies forced to weigh faster access to decision-makers against giving up one of their strongest sources of leverage in merger litigation: the threat of closing a deal before the agency can bring a challenge....
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