Silicon Valley Should Prepare To Defend Diagonal Mergers

Law360 (July 29, 2020, 3:41 PM EDT) -- On June 30, the U.S. Department of Justice and the Federal Trade Commission released final vertical merger guidelines that, for the first time, introduce the concepts of "diagonal mergers" and "mergers of complements" into the U.S. antitrust lexicon.

At first glance, these changes might simply look like an afterthought added in response to public comments.

There are reasons, however, for Silicon Valley to pay attention to this change. Far from a minor clarification, the new diagonal merger construct in particular may signal a new area of focus for the agencies.

As defined by the vertical merger guidelines, diagonal mergers are those...

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