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With antitrust enforcement of the technology sector making
headlines daily, and as lawmakers focus on strengthening and
potentially reforming antitrust laws as a tool to regulate the tech
industry, we anticipate a significant increase in scrutiny by US
federal antitrust authorities of vertical mergers,
1
including merger of complements and so-called "diagonal
mergers" in the technology sector. Notwithstanding the
current challenges of vertical merger enforcement,
2 on
June 30, 2020, the Federal Trade Commission ("FTC") and
the Department of Justice ("DOJ") issued guidelines (the
"Vertical Merger Guidelines")
3 describing the