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With antitrust enforcement of the technology sector making
headlines daily, and as lawmakers focus on strengthening and
potentially reforming antitrust laws as a tool to regulate the tech
industry, we anticipate a significant increase in scrutiny by US
federal antitrust authorities of vertical mergers,
1
including merger of complements and so-called diagonal
mergers in the technology sector. Notwithstanding the
current challenges of vertical merger enforcement,
2 on
June 30, 2020, the Federal Trade Commission ( FTC ) and
the Department of Justice ( DOJ ) issued guidelines (the Vertical Merger Guidelines )
3 describing the
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On 22 December 2020, on a divided vote, the Federal Trade Commission (FTC or the Commission) issued a Commentary on Vertical Merger Enforcement (FTC Commentary) to provide “greater transparency to the public regarding its analysis of vertical mergers.” Following the FTC and Department of Justice (DOJ)’s publication of new Vertical Merger Guidelines in June 2020 (the 2020 Vertical Guidelines) , the FTC Commentary provides analysis of a number of the vertical merger cases the agency has adjudicated over the past 25 years, offering insights on the Commission’s handling of vertical merger issues and “describing the principal analytical techniques, practices, and enforcement policies” the Commission utilizes to determine whether a vertical merger poses potential competitive harm in violation of the antitrust laws.
deal, horizontal merger, given that they re opposing cnn s parent company s vertical merger, what will happen with this? you listen to what sarah huckabee sanders said in that tape, it seems as though the government is predisposed positively toward this deal. what concerns us, you look at the at&t time warner deal, maybe head count reductions but the real issue with at&t time warner, they re in different businesses. they re not increasing their leverage in the media business they don t have cable networks or a film studio. the threat to consumers is a theatrical harm. in this case there s a very obvious harm. the government has a problem with at&t time warner. there are risks but they re theatrical. if you see plobs in at&t time warner, you should have far more problems with disney and fox merging. if you listen to that tape it sounds like one is bad because it owns cnn and one is good because it s connected to fox
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