Who Regulates Increasingly Pushy Regulators?

The Department of Justice (DOJ) and Federal Trade Commission (FTC) are increasingly challenging vertical mergers which occur between companies that are not competitors but rather in different parts of the supple chain. While vertical mergers should not be immune from regulatory review, they are typically procompetitive. This should lead to a high burden of proof, and lower prioritization for regulators. Unfortunately, the FTC and DOJ seem to disagree, spending increasing amounts of time and taxpayer money challenging mergers with limited chances of consumer harm.

 

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