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New merger guideline on vertical deals could help US enforcers close gap between economic theory, real-world testimony, New York official says

By Serafina Smith ( September 29, 2023, 21:17 GMT | Insight) -- One of the provisions addressing vertical mergers included in draft guidelines proposed in July by the US Justice Department and Federal Trade Commission could help enforcers step outside the ability-and-incentive framework, which can disadvantage economic testimony at trial, said Elinor Hoffman, chief of the antitrust bureau of the New York Attorney General’s Office. Guideline six could help enforcers “reset” how vertical merger challenges are litigated, especially when it comes to the weighing of evidence, she said.One of the provisions addressing vertical mergers included in draft guidelines proposed by the US Justice Department and Federal Trade Commission could help enforcers step outside the ability-and-incentive framework, which can disadvantage economic testimony at trial, said Elinor Hoffman, chief of the antitrust bureau of the New York Attorney General’s Office....

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