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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On January 10, 2020, the U.S. Department of Justice (DOJ) and Federal Trade Commission released <a href="https://www.ftc.gov/system/files/documents/public_statements/1561715/p810034verticalmergerguidelinesdraft.pdf" target="_blank" rel="noopener">draft Vertical Merger Guidelines</a> (Draft Guidelines) setting forth the agencies’ “analytical techniques, practices, and enforcement policy” for vertical mergers under federal antitrust law. The agencies are seeking public comment on the Draft Guidelines, which they will consider in preparing a final set of guidelines. The public comment period ends February&nbsp;11, 2020.

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If adopted, the Draft Guidelines would replace vertical merger guidance issued by the DOJ in 1984. Although the guidelines would not operate as a legal rule or a complete collection of considerations the agencies will use to evaluate vertical mergers, they are intended to provide guidance to businesses, antitrust practitioners and the courts in construing and applying antitrust laws related to vertical mergers and insight into the issues the agencies are most likely to evaluate going forward.

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Mark R. Butscha, Jr. 216.566.5897 <a href="mailto:Mark.Butscha@ThompsonHine.com">Mark.Butscha@ThompsonHine.com</a>

Michael W. Jahnke 212.908.3980 <a href="mailto:Michael.Jahnke@ThompsonHine.com">Michael.Jahnke@ThompsonHine.com</a>

Matthew David Ridings, CCEP 216.566.5561 <a href="mailto:Matt.Ridings@ThompsonHine.com">Matt.Ridings@ThompsonHine.com</a>

Jennifer S. Roach 216.566.5885 <a href="mailto:Jennifer.Roach@ThompsonHine.com">Jennifer.Roach@ThompsonHine.com</a>

or any member of our <a href="https://www.thompsonhine.com/services/antitrust-competition-and-distribution" target="_blank" rel="noopener">Antitrust, Competition &amp; Distribution</a> group.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Antitrust_Law_Update_-_Antitrust_Agencies_Release_New_Vertical_Merger_Guidelines.pdf

Antitrust Agencies Release New Vertical Merger Guidelines

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