Memorandum: Document Creation in Preparation for a Transaction | Practical Law

Memorandum: Document Creation in Preparation for a Transaction | Practical Law

A Standard Document that should be used to advise merging parties on how to avoid creating bad or hot documents that may be produced to the antitrust agencies during a merger investigation. This Standard Document discusses the types of documents merging parties disclose to the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) during a merger investigation, including ordinary course of business documents, such as win-loss reports, and deal-related documents, and provides examples of enforcement actions relying on bad documents and tips on drafting documents, including language to avoid. This Standard Document has integrated drafting notes with important explanations and drafting tips.

Memorandum: Document Creation in Preparation for a Transaction

Practical Law Standard Document 1-568-5986 (Approx. 16 pages)

Memorandum: Document Creation in Preparation for a Transaction

by Practical Law Antitrust
MaintainedUSA (National/Federal)
A Standard Document that should be used to advise merging parties on how to avoid creating bad or hot documents that may be produced to the antitrust agencies during a merger investigation. This Standard Document discusses the types of documents merging parties disclose to the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) during a merger investigation, including ordinary course of business documents, such as win-loss reports, and deal-related documents, and provides examples of enforcement actions relying on bad documents and tips on drafting documents, including language to avoid. This Standard Document has integrated drafting notes with important explanations and drafting tips.