The proposed Pandemic Anti-Monopoly Act recently introduced by Senator Elizabeth Warren and Representative Alexandria Ocasio-Cortez would temporarily prohibit a significant number of mergers and acquisitions during the COVID-19 pandemic. In a Law360 article, NERA Senior Consultant Dr. Gabriella Monahova, Senior Consultant Dr. Emily Walden, former Associate Director Dr. Stephanie Demperio, and Cooley LLP Partner Tanisha James express concerns for such a broad ban on M&A activity because:

• It could increase the level of uncertainty in the market and, as a result, risks cutting critical sources of funding for the small businesses the bill’s sponsors are seeking to support, and
• Agencies and existing merger review laws are sufficiently robust and flexible to handle required M&A analysis, even during a pandemic.