FTC-DOJ Vertical Merger Guide Aims To Boost Transparency

Law360 (January 23, 2020, 1:38 PM EST) -- On Jan. 10, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released joint draft vertical merger guidelines. The draft guidelines, which will be open to public comment for 30 days, rescind the nonhorizontal merger guidelines issued by the DOJ in 1984. The 1984 guidelines were widely considered out-of-date and not representative of agency practice.

Although vertical mergers were generally — though not categorically — viewed as competitively neutral or pro-competitive for the past several decades, the new draft guidelines come at a time when vertical mergers have been garnering significant headlines and debate. This is...

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