The US FTC and the US DoJ release a joint draft on vertical merger guidelines for public comment

On Friday, the Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) released joint draft Vertical Merger Guidelines (“Guidelines”) for public comment. This much anticipated revision to the Guidelines, which had not been updated in more than 35 years, outlines how the FTC and DOJ evaluate whether vertical mergers violate the federal antitrust laws. The Guidelines are notable both because they strike a more aggressive stance towards vertical mergers than prior guidance, and in that the two Democratic FTC Commissioners abstained from voting on the Guidelines, which they did not think were aggressive enough. The release of these Guidelines reinforce that vertical merger enforcement will continue to be a priority for both the FTC and DOJ. No

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Authors

  • Shearman & Sterling (Washington)
  • Shearman & Sterling (Washington)
  • Shearman & Sterling (Washington)
  • Shearman & Sterling (New York)

Quotation

Ryan Leske, Benjamin Gris, David A. Higbee, Jessica K. Delbaum, The US FTC and the US DoJ release a joint draft on vertical merger guidelines for public comment, 10 January 2020, e-Competitions January 2020, Art. N° 93132

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