CRA consultants advised Evonik as it sought regulatory approval of its acquisition of PeroxyChem in front of the Federal Trade Commission (FTC) and later in federal district court. CRA economists provided analyses related to coordinated effects, horizontal unilateral effects, and vertical foreclosure and raising rivals’ costs effects, among others, in the context of the FTC’s merger review. CRA economists also advised Evonik and its counsel Freshfields through litigation, which concluded successfully for the parties. In January, Judge Timothy Kelly denied the FTC’s motion for a preliminary injunction. In February, Evonik successfully closed its acquisition of PeroxyChem. CRA’s team was led by Joanna Tsai, Martino De Stefano, and Yajing Jiang, and included Serge Moresi, Adriana de la Huerta, Tanguy Brachet, Keler Marku, and William Dodds.
Towards an evidence-based framework for enforcement of vertical mergers
After a hiatus of several decades, the government has tried three prominent vertical merger cases in the past four years. These are the DOJ’s effort to stop...