Antitrust Risk Considerations In Light Of FTC Merger Focus

By Scott Sher, Jamillia Ferris and Michelle Hale (April 2, 2021, 5:56 PM EDT) -- Distribution mergers raise complex competition concerns that require careful analysis regarding the likely competitive effects for particular classes of customers. 

This article synthesizes key factors considered by the Federal Trade Commission[1] in distribution mergers spanning the past two decades, including the FTC's recent focus on acquisitions of disruptive distributors.

These factors are essential for counsel to assess and proactively address to avoid a costly FTC investigation.

The FTC and the Antitrust Division of the U.S. Department of Justice also have investigated vertical transactions where a customer acquires its distributor. 

Vertical transactions raise issues where the customer's competitors are deprived of access...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!