What impact will the 2024 presidential election have on antitrust policy, federal merger approvals, and foreign investment in the United States? Uncertainty about future federal policy makes investment decisions this year especially challenging. 

In this episode, host Allan Marks speaks with Milbank partners  Adam Di Vincenzo  and  John Beahn  about antitrust and CFIUS policy under the administrations of President Biden and former President Trump, discovering both sharp differences and some surprising similarities. They discuss how to anticipate regulators’ concerns and federal enforcement patterns in merger approvals amid political uncertainty in an election year. They analyze divergent trends in antitrust enforcement, highlighting tensions between economic goals that keep domestic markets competitive and national security goals that favor globally dominant US corporations with wide moats. And they explore how CFIUS, the FTC and DOJ are focusing on supply chains, domestic manufacturing, next-generation technology and AI, and the broader question of what it means to be competitive. 

About the Speakers
John Beahn is a partner in the Washington, DC office of Milbank LLP with a particular focus on matters related to the Committee on Foreign Investment in the United States (“CFIUS”) and foreign direct investment (“FDI”). He has extensive experience representing clients in national security reviews before CFIUS, the “Team Telecom” executive branch agencies and the Defense Counterintelligence and Security Agency. 

Adam Di Vincenzo is a partner in the Washington, DC office of Milbank and a member of the Litigation & Arbitration Group. He has served as lead antitrust counsel for Fortune 500 public companies, and private equity sponsors and their portfolio companies, in dozens of antitrust matters before enforcement authorities in the United States (including the DOJ and FTC) and internationally.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.

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