The US DoJ and FTC publish an updated version of the vertical merger guidelines

On 30 June 2020 the Department of Justice (DOJ) and Federal Trade Commission (FTC) (the agencies, collectively) announced the publication of new vertical merger guidelines (the new vertical guidelines or the 2020 Vertical Merger Guidelines). [1] The new vertical guidelines describe how the agencies review vertical mergers to determine whether the deals pose potential competitive harm in violation of the antitrust laws. Key takeaways are: The new vertical guidelines do not contain an explicit safe harbor for mergers that fall below a certain size threshold. The agencies' anticompetitive effects analysis focuses on foreclosure and raising rivals’ costs, as well as access to competitively sensitive information. There is now one section on procompetitive effects that acknowledges that

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Charles (Chuck) Loughlin, Logan M. Breed, The US DoJ and FTC publish an updated version of the vertical merger guidelines, 30 June 2020, e-Competitions June 2020, Art. N° 95647

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