EI Economists Lona Fowdur and John Morris submit Comments and Draft Vertical Merger Guidelines

On January 10, 2020, the U.S. Department of Justice rescinded the Non-horizontal Merger Guidelines and with the Federal Trade Commission issued Draft Vertical Merger Guidelines for Public Comment.  On February 25, 2020, EI Economists Lona Fowdur and John Morris submitted comments on the proposed revisions.  They argued that more clarity on transactions that are unlikely to be anticompetitive and those that are likely to be anticompetitive would benefit the both the business and legal communities.  They gave eight specific recommendations to improve the Draft Vertical Merger Guidelines, including better delineated market share thresholds, use of market power pressure indices, and the reinstatement of regulatory evasion as a potential theory of harm.

Read full comments on the FTC’s website