Law360 (June 30, 2020, 9:10 PM EDT) -- The U.S. Department of Justice and a divided Federal Trade Commission issued the final version of their new vertical merger guidelines Tuesday, hewing closely to an earlier draft but leaving out perhaps the most controversial part: a market share threshold under which deals would be less likely to be scrutinized.
Critics of the draft version released in January had derided a 20% market share threshold, over which the enforcers had said deals with vertical elements were more likely to raise concerns, as a "safe harbor" that was either too high and thus too permissive of potentially anti-competitive mergers, or too low and likely...
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