DOJ and FTC Announce New Draft Vertical Merger Guidelines* On January 10, 2020, the Department of Justice’s Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) released Draft Vertical Merger Guidelines (the “Draft Guidelines”) that are intended to outline the Agencies’ “principal analytical techniques, practices and enforcement policy . . . with respect to vertical mergers and acquisitions.” [1] Vertical mergers are defined as those mergers “combin[ing] firms or assets that operate at different stages of the same supply chain” such as a product manufacturer acquiring one of its input suppliers, or a retail chain acquiring a company that manufactures products sold in the retailer’s stores. [2] Background and Process For years, commentators and
The US DOJ and FTC announce new draft vertical merger guidelines
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