Implications of AI in Merger Reviews

This article is a technical report discussing the implications of artificial intelligence artifacts in second requests and merger clearance reviews in 2026. It outlines how generative artificial intelligence is becoming integrated into enterprise operations, producing content that may appear human-authored. Organizations facing regulatory inquiries must prepare to collect AI-generated materials and differentiate between human and machine-generated content. The report details the challenges posed by AI in evidentiary processes, including the risk of AI-generated artifacts distorting the evidentiary record relied upon by regulatory agencies. It also highlights the need for organizations to adapt their data preservation strategies to include AI outputs and metadata. The article emphasizes the evolving nature of digital evidence and the necessity for new protocols to ensure the authenticity and defensibility of records that involve AI contributions. The discussion includes potential risks associated with AI hallucinations and the implications for chain-of-custody in second request investigations.