By Nicholas Cheolas ( August 27, 2026, 4:13 PM EDT) -- Vertical merger enforcement has a familiar problem: Theories of harm are established, but difficult to prove. A vertically integrated firm could gain the ability and incentive to disadvantage rivals by withholding critical inputs, degrading access or obtaining competitively sensitive information. Yet courts regularly recognize that vertical mergers can also create efficiencies and that, unlike horizontal mergers, there is no doctrinal shortcut to showing harm....
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