Overview
Vertical mergers are inherently more difficult for the government to litigate than horizonal mergers. After not litigating a vertical merger case since the 1970s, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have recently tried several matters.
In this article, Jon B. Dubrow, Stephen Wu, Matt Evola and Bailey K. Sanders discuss key learnings from these recent cases and provide useful guidance for companies contemplating such transactions.