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On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared its intent to work with Congress on possible legislation that would fill the gaps in existing antitrust law and provide additional authorities to help “preserve” the innovation that has been central to the U.S. defense industrial base.

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