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ARTICLE · 30 MARCH 2023

Unpacking Antitrust: What Are Vertical Restraints?

Companies that operate on different levels of the supply or distribution chain are vertical to one other. For example, a parts supplier and manufacturer. A manufacturer and a distributor.

United StatesAntitrust/Competition Law

The Short Answer: Companies that operate on different levels of the supply or distribution chain are vertical to one other. For example, a parts supplier and manufacturer. A manufacturer and a distributor. A distributor and retailer. Vertical companies don't compete with one another. They're more likely business counterparties.

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An agreement reached by two or more vertical actors that restrains competition can be illegal under the antitrust laws. Whether a vertical agreement is illegal is generally determined according to the rule of reason—a balancing test that weighs harm to competition against the procompetitive justifications behind the restraint.

Have I Reached an Agreement?

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