Distribution Merger Challenges at the FTC

In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the transaction entirely, or litigating the FTC’s requests for injunction through judgment. This precedent provides valuable insight into how the FTC analyzes such mergers.

Distribution mergers raise important and oftentimes complex competition concerns that require careful analysis of market structure and the likely competitive effects for particular classes of customers. Different distribution channels can sell precisely the same product but not actually compete against each other, because the idiosyncratic characteristics of one channel disqualify it as an option for a particular group of customers. This article synthesizes key factors considered by the FTC in distribution mergers spanning the past two decades, including the FTC’s more recent focus on acquisitions of disruptive distributors. These factors are essential for counsel to assess and proactively address to avoid a costly FTC challenge and likely death knell to a proposed distribution merger.

Please see full Article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Wilson Sonsini Goodrich & Rosati | Attorney Advertising

Written by:

Wilson Sonsini Goodrich & Rosati
Contact
more
less

Wilson Sonsini Goodrich & Rosati on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.