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How To Deal With New Vertical Merger Enforcement Risks

Law360 (February 23, 2018, 12:35 PM EST) -- Recent announcements by senior officials at the antitrust division of the U.S. Department of Justice suggest that merging parties in vertical transactions will face an increased burden when attempting to convince the DOJ to settle. Multiple DOJ officials have expressed a heavy skepticism toward behavioral remedies since they require broad government oversight for an extended time period. Their default position is that if a vertical transaction raises competitive concerns, a structural remedy is needed.

In order to convince the DOJ or the Federal Trade Commission that...
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