Public Workshops on Draft Vertical Merger Guidelines

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Workshop Information

The Department of Justice and Federal Trade Commission held a workshop on March 11, 2020 to solicit public dialogue on the draft Vertical Merger Guidelines released on Jan. 10, 2020. The workshop allowed for a dynamic discussion about the proposed Guidelines to complement written public comments that were submitted to the agencies about the draft Guidelines. The agencies selected panelists for the workshop from those who filed public comments and indicated their interest and availability to participate. A second workshop, scheduled for March 18, 2020, has been canceled.

The draft Guidelines describe how the Federal antitrust agencies review vertical mergers to evaluate whether they violate antitrust law. Vertical mergers combine two or more companies that operate at different levels of the supply chain. The draft Guidelines outline the agencies’ principal analytical techniques, practices, and enforcement policy for vertical mergers. The agencies will consider both public comments and workshop discussions before issuing final Vertical Merger Guidelines.

February 3, 2020

Press Release: Justice Department and FTC Announce Workshops on Draft Vertical Merger Guidelines, Extend Comment Period

March 4, 2020

Press Release: Department of Justice Antitrust Division Announces Agenda and Panelists for Workshop on Proposed Vertical Merger Guidelines

March 11, 2020

Speech: Assistant Attorney General Makan Delrahim Delivers Opening Remarks for the Workshop on the Proposed Vertical Merger Guidelines

Dates and Locations

March 11, 2020
9:00 a.m–1:00 p.m. EST

Robert F. Kennedy Department of Justice Building
950 Pennsylvania Avenue NW
Washington, DC

March 18, 2020
CANCELED

Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC

Workshop Agenda

A recording and transcript of the workshop will be posted to this page when they are available.


March 11, 2020

Welcome Address

Makan Delrahim, Assistant Attorney General for Antitrust, U.S. Department of Justice

Opening Remarks

Christine Wilson, Commissioner, FTC

Panel 1: Former Enforcer and Practitioner Perspectives

Panelists

Renata Hesse, Partner, Sullivan & Cromwell, former Acting Assistant Attorney General for Antitrust, U.S. Department of Justice

Jonathan Jacobson, Partner, Wilson Sonsini

Robert Majure, Ph.D., Vice President, Cornerstone Research, former Director of Economics for the Antitrust Division of the U.S. Department of Justice

Jonathan Sallet, Senior Fellow, Benton Institute for Broadband & Society, former Deputy Assistant Attorney General for Antitrust, U.S. Department of Justice

Craig Waldman, Partner, Jones Day

DOJ Moderator: David Shaw, Counsel to the Assistant Attorney General for Antitrust, U.S. Department of Justice

FTC Moderator: Heather Johnson, Senior Counsel to the Director, Bureau of Competition, FTC

Panel 2: Public Interest and Academic Perspectives

Panelists

Avery Gardiner, Senior Fellow for Competition, Data, and Power, Center for Democracy & Technology, former Counsel to the Assistant Attorney General for Antitrust, U.S. Department of Justice

Aviv Nevo, Ph.D., Professor, University of Pennsylvania, former Deputy Assistant Attorney General for Economic Analysis, Antitrust Division, U.S. Department of Justice

Steven Salop, Ph.D., Professor, Georgetown Law Center, former Associate Director for Special Projects, Bureau of Economics, Federal Trade Commission

Charlotte Slaiman, Competition Policy Director, Public Knowledge

Christopher Yoo, Professor, University of Pennsylvania Carey Law School

DOJ Moderator: David Lawrence, Chief, Competition Policy & Advocacy Section, Antitrust Division, U.S. Department of Justice

FTC Moderator: Andrew Sweeting, Director, Bureau of Economics, FTC

Public Comment Submissions

The Department of Justice and Federal Trade Commission sought public comment on the draft Vertical Merger Guidelines released on January 10, 2020. The deadline for submitting public comment was February 26, 2020. The public comment period is now closed.

Public Comments on Draft Vertical Merger Guidelines

Updated June 26, 2020

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