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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
Wednesday, April 28, 2021
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 practices, techniques and enforcement policies the agencies use to evaluate vertical mergers, and on December 22, 2020, the FTC issued additional guidance on Vertical Merger Enforcement (the “Commentary”).