On May 7, the acting leader of the U.S. Department of Justice's antitrust division issued a clear admonition to companies involved in proposed mergers: assertions that artificial intelligence will disrupt or replace entire industries cannot be advanced without supporting evidence. Omeed Assefi, who oversees the Justice Department's merger review activities, delivered the warning at an event held at New York University.
Assefi said merging parties are welcome to communicate with his division at any time during the review process, signaling openness to dialogue. At the same time, he made plain that regulators will not accept unsubstantiated claims as a substitute for factual documentation.
"We know when you are trying to mislead us," Assefi said, according to a copy of prepared remarks. "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."
The message combines an invitation for engagement with a warning about the standards the division expects when parties invoke AI-related disruption in defense of a merger. By emphasizing the need for evidence, Assefi indicated the division will assess claims about AI's impact on markets rather than accepting them at face value.
Those comments provide guidance for corporate dealmakers and their advisors who may be considering the role of AI narratives in shaping the legal and regulatory framing around transactions. The remarks suggest the division is prepared to scrutinize assertions that AI will materially alter competitive dynamics unless parties can provide substantiating material.
Assefi's prepared comments, delivered publicly at the university event, clarify two points at once: the division remains accessible to discussions with merging firms, and it expects rigorous proof when those firms argue that AI-driven changes should influence merger evaluations.
Contextual note: The substance of these remarks was taken from a copy of prepared remarks provided at the event.