Skadden Discusses Novel Theories Emerging in Merger Enforcement

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have challenged few vertical mergers — those of a firm with one of its customers or suppliers — and are even less prone to scrutinize conglomerate mergers that marry complementary assets, or transactions that may affect  innovation competition that isn’t tied to specific products or markets.

The European Union’s antitrust regulator, the European Commission, has been more apt to examine vertical issues, conglomer­ate effects and innovation competition, pushing the … Read more