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...

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