According to a statement by the FTC majority, the 2020 Vertical Merger Guidelines had improperly contravened the Clayton Act’s language with its approach to efficiencies, which are not recognized by the statute as a defense to an unlawful merger. The majority statement explains that the guidelines adopted a particularly flawed economic theory regarding purported pro-competitive benefits of mergers, despite having no basis of support in the law or market reality.
The post Vertically Challenged? FTC Withdraws Vertical Merger Guidelines and Commentary appeared first on ComplexDiscovery.