Government shutdown affects antitrust and CFIUS reviews of transactions

After Congress failed to enact appropriations legislation, the United States federal government partially shut down beginning at midnight on 22 December 2018, impacting several departments, agencies, and interagency committees, including the Bureau of Competition at the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), and the Committee on Foreign Investment in the United States (CFIUS), which is chaired by the Department of the Treasury (Treasury).

The FTC and DOJ had previously released contingency plans detailing the impact of a shutdown on the agencies' operations, including their review of mergers and acquisitions. Similarly, Treasury had previously released lapse in appropriations contingency plans, including a Treasury departmental offices plan that outlines the limited CFIUS operations that will continue during a shutdown.

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