commentary

Open Markets Submits Comment to Federal Trade Commission Calling for “Strong Vertical Merger Guidelines”

The Open Markets Institute submitted a comment to the Federal Trade Commission to underscore the need for new agency guidelines on vertical mergers and explain that the Department of Justice’s 1968 Merger Guidelines are a template on which the agencies should build.

December 31, 2018  |  by Open Markets

On December 31, the Open Markets Institute submitted a comment to the Federal Trade Commission for its fifth session of “Competition and Consumer Protection in the 21st Century” hearings.

In the comment, titled “The Urgent Need for Strong Vertical Merger Guidelines,” OMI discusses the Clayton Act’s legislative history, the economic theories of harm behind vertically integrated corporate power, why new guidelines are necessary, and the principles that new guidelines should follow. In particular, OMI argues that enforcers should model new guidelines on the 1968 Merger Guidelines’ section on vertical mergers.

Read the comment here.

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In America today, wealth and political power are more concentrated than at any point in our country’s history.

The Open Markets Institute, formerly the Open Markets program at New America, was founded to protect liberty and democracy from these extreme -- and growing -- concentrations of private power.

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