The U.S. Department of Justice's antitrust division issued a cautionary message on Thursday to businesses that plan to invoke artificial intelligence as a justification in merger reviews without presenting supporting evidence.
Acting Assistant Attorney General Omeed Assefi, who leads the DOJ's merger review efforts, delivered the remarks at an event held at New York University. He reiterated that while companies are free to engage with the division at any stage of a review, the agency has the tools to spot misleading submissions.
"We know when you are trying to mislead us," Assefi said at the event.
Assefi noted that it is common for merging parties to argue that AI will transform their industries and thereby alter the competitive analysis. He cautioned, however, that such claims must be accompanied by concrete proof. "We know you will be tempted to tell us that AI is replacing your industries. We get it. We hear that a lot. For us to take it seriously, we expect it to be backed up with actual evidence," he said, according to prepared remarks.
The remarks underscore how the DOJ intends to treat arguments grounded in anticipated technological disruption when assessing the competitive effects of proposed mergers. By stressing evidentiary standards, the agency signaled it will not accept speculative or unsupported assertions about AI reshaping markets.
Summary
The Justice Department's antitrust leadership warned firms against using AI-driven disruption claims in merger filings unless they can provide substantiating evidence. Acting Assistant Attorney General Omeed Assefi made the comments at a New York University event and emphasized that the division can identify attempts to deceive reviewers.
Key points
- DOJ cautioned companies on Thursday to back AI disruption claims with evidence during merger reviews.
- Acting Assistant Attorney General Omeed Assefi, who oversees merger review work, spoke at New York University and reiterated that parties may engage with the division at any point in the process.
- The agency asserted it has the ability to detect misleading submissions, underscoring a strict evidentiary standard for technological disruption arguments.
Risks and uncertainties
- Companies that rely on unproven assertions about AI to justify mergers may face increased scrutiny or rejection; this affects deal activity in sectors where AI claims are common, including technology and software.
- Disputes over what constitutes sufficient evidence for AI-driven market changes could prolong merger reviews, impacting transaction timelines and costs for the involved parties and their advisers.
- The DOJ's ability to identify misleading submissions introduces legal and reputational risk for firms that present speculative or unsupported forecasts during antitrust evaluations.