Vertical Merger Enforcement — Selected Resources

AAI offers a selection of useful resources on vertical merger enforcement that are helpful in evaluating proposed combinations and past enforcement. Items will be added over time.

AAI Applauds Move to Block AT&T-Time Warner Merger, Sets Record Straight on Vertical Merger Enforcement by Diana Moss (December 6, 2017)

DOJ’s Lawsuit to Halt AT&T-Time Warner Deal is the Right Thing to Do by Warren Grimes and Chris Sagers (this commentary appeared in the LA Daily Journal)

Blocking the AT&T-Time Warner Merger is Good Antitrust Economics and Law by Steven Salop (November 21, 2017)

Vertical Merger Enforcement Actions: 1994–2016 by Steven C. Salop and Daniel P. Culley (June 30, 2017)

Revising the U.S. Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners by Steven C. Salop and Daniel P Culley (November 3, 2015)

Invigorating Vertical Merger Enforcement by Steven C. Salop (November 6, 2017)

Modifying Merger Consent Decrees to Improve Merger Enforcement Policy by Steven C. Salop, Antitrust, Vol. 31, No. 1 (Fall 2016)

Mergers that Increase Bargaining Leverage by Aviv Nevo, DOJ’s Deputy Assistant Attorney General For Economics Antitrust Division (January 22, 2014)

Behavioral Merger Remedies: Evaluation and Implications for Antitrust Enforcement by Diana Moss and John Kwoka (2011)

DirecTV’s Comments on Comcast-NBC merger (June 21, 2010)

Comcast/NBCU: The FCC Provides a Roadmap for Vertical Merger Analysis by Jonathan B. Baker, Antitrust, Vol. 25, No. 2 (Spring 2011)

Public Knowledge’s and Consumer Federation of America’s Testimony Before the U.S. Senate AT&T-Time Warner Transaction (December 7, 2016)

Effects of the AT&T-Time Warner Transaction on Competition in the Premium Channels Industry, White Paper for the U.S. Department of Justice by Jeffrey A. Eisenach and Timothy Watts (July 2017)

The Interesting Case of the Vertical Merger, Remarks by Jon Sallet, DOJ Deputy Assistant Attorney General For Litigation Antitrust Division (November 17, 2016)

Vertical Mergers and Market Foreclosure by William S. Comanor and Patrick Rey, Antitrust Law and Economics, Research in Law and Economics, Volume 21 (2004)

Non-Horizontal Merger Guidelines, Originally Issued as Part of U.S. Department of Justice Merger Guidelines (June 14, 1984)