Vertical Restraints

Vertical trade restraints involve potentially anticompetitive conduct in the supply chain with a company’s suppliers, distributors, and other partners. On behalf of clients across a range of industries, our teams have evaluated the market impact of alleged vertical trade restraints, in the context of mergers, acquisitions, and other business agreements and have assessed associated damages, including lost profits.

Our Capabilities

We analyze competitive issues in the context of allegations of vertical trade restraint, including:

  • Exclusive dealing and exclusionary conduct
  • Tying
  • Bundling
  • Territorial restrictions  
  • Resale price maintenance
  • Most-favored-nation clauses

In the context of an acquisition review, our academic affiliate applied a vertical gross upward pricing pressure index (vGUPPI) to assess whether the vertical acquisition would lead to exclusionary conduct and higher prices.

In the health care industry, we have analyzed whether tying the sales of medical devices to the service of those devices violates antitrust laws, and provided damages assessments in matters alleging exclusive supply agreements and related overcharges. 

Our Capabilities