US Antitrust Merger Review Times Continue to Fall
New data shows a significant drop in the duration of Second Request investigations in the first half of 2026, offering potential relief for dealmakers facing in-depth antitrust scrutiny.
An analysis of federal data indicates that extended 'Second Request' antitrust merger reviews are concluding more quickly in 2026, a welcome development for dealmakers. According to a report from Akin Gump, the average review time for investigations resulting in a published agency outcome fell below 10 months in the first half of the year, down from historical highs of over 12 months in 2025. Investigations that closed without a public statement were even faster, averaging around eight months. For sophisticated counsel and their clients, this trend is a significant factor in deal planning. Protracted reviews can jeopardize transactions by increasing costs and uncertainty. The reported shortening of timelines, linked to a greater agency willingness to accept settlements, may provide more predictability and reduce regulatory friction for strategic M&A. Practitioners should continue to track this data to see if the trend holds and adjust their strategies for negotiating with enforcement agencies accordingly, particularly regarding potential remedies.