The rules are nonbinding but create a framework for evaluating mergers.
for evaluating anti-competitive mergers Wednesday, redoubling their aggressive scrutiny over digital markets.
Specifically, the rules set a new focus on “multi-sided” platforms, or online companies that offer different products or services that “may benefit from each other’s participation.” This would include companies that run a platform but also use it to sell their own products, like Amazon Basics. While the rules are nonbinding and do not change current law, they would serve as a framework for antitrust enforcers investigating proposed mergers. The public has until September 18th to submit comments on the proposal before the agencies finalize the rules.
Historically, antitrust enforcers have taken a softer stance against vertical mergers, but the new draft rules say that some of these deals could be harmful to consumers. A merger is considered “vertical” when it combines companies that operate along different parts of the same supply chain. A recent example would be Microsoft’s proposed purchase of Activision Blizzard, whichThe FTC and DOJ have long evaluated mergers based on how they impact prices, or the consumer welfare standard.
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