The US DoJ requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA)

According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require less resource allocation for compliance monitoring—and, the argument goes, best allow market forces to take effect in the post- merger world. Yet in recent consent decrees entered into by the Antitrust Division under Christine Varney, the Division eschewed structural remedies in favor of a set of ongoing restrictions on the merged firms’ prospective relations with suppliers, customers, and competitors. In the Google/ITA acquisition, Ticketmaster/Live Nation merger, and other high-profile transactions,

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  • Robins Kaplan (Minneapolis)

Quotation

Ryan W. Marth, The US DoJ requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA), 5 October 2011, e-Competitions Bulletin Licensing agreements, Art. N° 53059

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