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The Antitrust Divergence at the FTC: Beyond Vertical Mergers

First Published in ABA's Antitrust, Vol. 33, Summer 2019

By Darren Tucker and Thomas Bohnett

V&E lawyers Darren Tucker and Thomas Bohnett discuss the recent divides regarding antitrust enforcement. They cover disagreements regarding the goals of enforcement, the FTC’s burden of proof, and the role of economic evidence.

Inside, you'll find:

  • An overview of the Staples case
  • An overview of the Fresenius case
  • Considerations leading to FTC divergence
  • How the Commissioners’ positions are a reflection of current debates
  • Implications for practitioners

To read the article, click here

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This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.