How to Deal with New Vertical Merger Enforcement Risks

Overview


Jon Dubrow, Ryan Leske and Jonathan Ende wrote in this bylined article that recent Justice Department antitrust actions “suggest that merging parties in vertical transactions will face an increased burden when attempting to convince the DOJ to settle” merger challenges. This means, the authors continued, “The DOJ will act more like a cop than a parole officer. It will seek divestitures and consent orders that not only remedy the illegal competitive harm, but also limit long-term government entanglement in the relevant market.”