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Price Discrimination Markets in Merger Cases: Practical Guidance from FTC v. Sysco

January 11, 2017

O’Melveny partner Ian Simmons and associates Sergei Zaslavsky and Lindsey Freeman co-authored the article “Price Discrimination Markets in Merger Cases: Practical Guidance from FTC v. Sysco” for the Fall 2016 edition of the ABA publication Antitrust. The article offers practical guidance on the factual predicates for analyzing price discrimination markets in government merger enforcement. 

“The FTC’s challenge to the proposed Sysco/US Foods merger serves as a case study where ... the requisite factual predicates did not exist and the court departed from settled standards and economic theory to accept the FTC’s narrow price discrimination market as a basis to block the transaction,” the authors write. 

The complete article can be found here