The Department of Justice’s antitrust division warned companies against using artificial intelligence disruption as an unsupported defense in merger reviews, according to Reuters. Acting Assistant Attorney General Omeed Assefi, who oversees the DOJ’s merger review work, said merging parties are welcome to engage with the antitrust division at any point during the process, but claims about AI reshaping an industry must be backed by evidence.
The warning comes as companies increasingly cite artificial intelligence when describing changing competitive dynamics in their markets. Speaking at a New York University event, Assefi cautioned dealmakers against using broad AI claims to influence merger reviews without factual support. “We know when you are trying to mislead us,” he said.
Assefi specifically addressed the temptation to argue that AI is replacing entire industries. “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 in prepared remarks.
