Concurring Statement of Commissioner Christine S. Wilson Concerning the Publication of FTC-DOJ Draft Vertical Merger Guidelines for Public Comment

The Federal Trade Commission – with the Department of Justice – issues draft Vertical Merger Guidelines for public comment. I concur in this action, which allows the Agencies to gather and consider input from the public before the Guidelines are finalized. As a more general matter, I also concur with the decision to update and replace the outdated 1984 Non-Horizontal Merger Guidelines. Indeed, during the Commission’s recently-concluded Hearings on Competition and Consumer Protection in the 21st Century, and particularly during the November 1, 2018 session on vertical mergers, commentators almost unanimously called upon the Commission to issue modern guidance that explains how we assess vertical mergers today. Now, just over a year after that Hearing, the Agencies are responding with a timely and comprehensive draft.