DOJ antitrust head warns companies against misleading on AI disruption in merger reviews
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DOJ antitrust head warns dealmakers not to mislead on AI
May 7 (Reuters) - The U.S. Department of Justice's antitrust head on Thursday warned companies against trying to misleadingly use artificial intelligence disruption as a defense in merger reviews without providing evidence. Acting Assistant Attorney General Omeed Assefi oversees the DOJ's work reviewing mergers and said that merging parties are welcome to engage with his division at any point in the process. However, "we know when you are trying to mislead us," he said at an event at New York University. "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 a copy of prepared remarks. Reporting by Jody Godoy in New York; Editing by Bill Berkrot Our Standards: The Thomson Reuters Trust Principles., opens new tab * Suggested Topics: * Artificial Intelligence * Antitrust * Regulatory Oversight * Public Policy Jody Godoy Thomson Reuters Jody Godoy reports on tech policy and antitrust enforcement, including how regulators are responding to the rise of AI. Reach her at [email protected]
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DOJ Antitrust Head Warns Dealmakers Not to Mislead on AI
May 7 (Reuters) - The U.S. Department of Justice's antitrust head on Thursday warned companies against trying to misleadingly use artificial intelligence disruption as a defense in merger reviews without providing evidence. Acting Assistant Attorney General Omeed Assefi oversees the DOJ's work reviewing mergers and said that merging parties are welcome to engage with his division at any point in the process. However, "we know when you are trying to mislead us," he said at an event at New York University. "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 a copy of prepared remarks. (Reporting by Jody Godoy in New York; Editing by Bill Berkrot)
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DOJ antitrust head warns dealmakers not to mislead on AI
Companies face a warning from the US Justice Department's antitrust chief. He states that claims of artificial intelligence disruption as a defense in merger reviews must be supported by actual evidence. Merging parties are encouraged to engage with the division. Misleading the department will not be tolerated. The department is aware of the temptation to use AI as an excuse. The U.S. Department of Justice's antitrust head on Thursday warned companies against trying to misleadingly use artificial intelligence disruption as a defense in merger reviews without providing evidence. Acting Assistant Attorney General Omeed Assefi oversees the DOJ's work reviewing mergers and said that merging parties are welcome to engage with his division at any point in the process. However, "we know when you are trying to mislead us," he said at an event at New York University. "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 a copy of prepared remarks.
[4]
DOJ antitrust head warns dealmakers not to mislead on AI
May 7 (Reuters) - The U.S. Department of Justice's antitrust head on Thursday warned companies against trying to misleadingly use artificial intelligence disruption as a defense in merger reviews without providing evidence. Acting Assistant Attorney General Omeed Assefi oversees the DOJ's work reviewing mergers and said that merging parties are welcome to engage with his division at any point in the process. However, "we know when you are trying to mislead us," he said at an event at New York University. "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 a copy of prepared remarks. (Reporting by Jody Godoy in New York; Editing by Bill Berkrot)
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The Justice Department's antitrust chief issued a stark warning to dealmakers attempting to use artificial intelligence disruption as a legal defense during merger reviews. Acting Assistant Attorney General Omeed Assefi told companies at a New York University event that claims of AI replacing entire industries must be supported by concrete evidence, signaling heightened scrutiny of AI-related merger arguments.
DOJ Antitrust Head Issues Warning on AI Claims
The DOJ antitrust division is putting companies on notice about using AI as a convenient excuse during merger reviews. Acting Assistant Attorney General Omeed Assefi, who oversees the Justice Department's merger review process, delivered pointed remarks at New York University that signal a new level of scrutiny for dealmakers invoking artificial intelligence disruption. His message was direct: regulators can distinguish between legitimate competitive concerns and misleading claims designed to smooth approval processes.
Artificial Intelligence Disruption Requires Concrete Evidence
"We know you will be tempted to tell us that AI is replacing your industries. We get it. We hear that a lot," Assefi stated, according to prepared remarks
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. The warning addresses a growing trend where companies attempt to justify business deals by arguing that AI-driven market changes make consolidation necessary for survival. However, the DOJ antitrust head made clear that such assertions must be supported by concrete evidence rather than speculative forecasts or vague references to technological change3
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Source: Reuters
Heightened Scrutiny for Merger Reviews
The remarks reflect broader concerns about antitrust enforcement in an era where AI dominates corporate strategy discussions. While Assefi emphasized that merging parties remain welcome to engage with his division at any point during merger reviews, he drew a clear line against attempts at deception
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. "We know when you are trying to mislead us," he warned, suggesting the division has developed methods to evaluate the validity of claims of AI disruption. This statement matters because it signals that regulators are building expertise in tech policy and won't accept AI buzzwords as substitutes for substantive competitive analysis.Related Stories
What This Means for Dealmakers and Tech Policy
For companies planning mergers, this warning from Omeed Assefi represents a critical shift in how they should prepare their legal defense strategies. The Justice Department appears determined to prevent AI from becoming a catch-all justification that obscures genuine antitrust concerns. Dealmakers now face the challenge of assembling detailed, data-driven evidence if they intend to argue that artificial intelligence is fundamentally reshaping their competitive landscape. Short-term, expect longer review timelines as companies scramble to substantiate AI-related claims. Long-term, this approach could establish precedents that shape how regulators worldwide assess technology-driven market changes during antitrust enforcement actions. Companies should watch for follow-up guidance on what types of evidence the DOJ considers credible when evaluating misleading claims about technological disruption.
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