“A New Era in Antitrust,” Harvard Law School Forum on Corporate Governance

Ashley Callen, Co-Chair of the Congressional Investigations Practice, co-authored an article for the Harvard Law School Forum on Corporate Governance examining the evolving M&A antitrust enforcement landscape and regulatory challenges facing dealmakers.

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While there have been "shorter timelines to closing, a return of remedies to the government's approval toolkit and a more permissive environment overall," the authors note that the regulatory landscape has not been universally relaxed.

"Most dealmakers and corporate leaders did not anticipate that agency review of deals would be hung up by social or workplace culture issues," they write, or that the federal government would "reassert an active industrial policy through tariffs and by undertaking a concerted effort to become a large investor in US public companies through golden shares and other mechanisms."

The authors provide recommendations for companies navigating the current M&A landscape, including Congress' scrutiny of this area. Their recommendations include planning ahead for likely issues by self-auditing workplace and culture programs, testing acquisition targets for antitrust risks in advance, adapting communications strategies for today's media landscape of podcasts and social media, engaging proactively with Congress, and understanding how sensitive issues travel online.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“A New Era in Antitrust,” Harvard Law School Forum on Corporate Governance

Ashley Callen, Co-Chair of the Congressional Investigations Practice, co-authored an article for the Harvard Law School Forum on Corporate Governance examining the evolving M&A antitrust enforcement landscape and regulatory challenges facing dealmakers.

Read More

While there have been "shorter timelines to closing, a return of remedies to the government's approval toolkit and a more permissive environment overall," the authors note that the regulatory landscape has not been universally relaxed.

"Most dealmakers and corporate leaders did not anticipate that agency review of deals would be hung up by social or workplace culture issues," they write, or that the federal government would "reassert an active industrial policy through tariffs and by undertaking a concerted effort to become a large investor in US public companies through golden shares and other mechanisms."

The authors provide recommendations for companies navigating the current M&A landscape, including Congress' scrutiny of this area. Their recommendations include planning ahead for likely issues by self-auditing workplace and culture programs, testing acquisition targets for antitrust risks in advance, adapting communications strategies for today's media landscape of podcasts and social media, engaging proactively with Congress, and understanding how sensitive issues travel online.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

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Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.

October 14, 2026

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Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill

Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.

October 2026

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Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

October 8, 2026

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Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

Publications

The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026