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A Suggested Revision Of The 2020 Vertical Merger Guidelines (July 2021), Steven C. Salop May 2021

A Suggested Revision Of The 2020 Vertical Merger Guidelines (July 2021), Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The DOJ/ FTC Vertical Merger Guidelines (VMGs) were adopted by the FTC in June 2020 by a party-line 3-2 party line over the dissent of the Acting Chair. One might expect that the VMGs will be withdrawn and/or revised, now that there is a Democratic majority. Revision is appropriate because the VMGs are both incomplete and overly permissible. This Suggested Revision can aid that process.