The 2020 Vertical Merger Guidelines: A Suggested Revision

19 Pages Posted: 1 Apr 2020

See all articles by Steven C. Salop

Steven C. Salop

Georgetown University Law Center

Date Written: March 26, 2020


The FTC and DOJ requested comments on their draft Vertical Merger Guidelines in January 2020. This article is a complete alternative set of suggested Vertical Merger Guidelines that reflects and supplements the approach explained in the comments submitted by the author along with Jonathan. Baker, Nancy Rose and Fiona Scott Morton, as well as their other comments, and might be read in conjunction with those comments. This suggested revision of the Agencies’ draft expands the list of potential competition harms and provides illustrative examples. It expands and unifies the discussion and treatment of potential competitive benefits. It deletes the quasi-safe harbor and suggests the circumstances under which competitive harms raise lessened concerns on the one hand and heightened concerns on the other.

Keywords: Vertical Merger Guidelines, Horizontal Merger Guidelines, Competition, Foreclosure

Suggested Citation

Salop, Steven C., The 2020 Vertical Merger Guidelines: A Suggested Revision (March 26, 2020). Available at SSRN: or

Steven C. Salop (Contact Author)

Georgetown University Law Center ( email )

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