Second Requests in Merger Investigations | Practical Law

Second Requests in Merger Investigations | Practical Law

A Practice Note providing guidance on Second Requests, formally known as Requests for Additional Information and Documentary Material, issued by the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC). The Note includes strategies for avoiding or narrowing a Second Request during the initial phases of a merger investigation, as well as best practices for negotiating the scope of a Second Request after one is issued, including negotiating custodians, timing agreements, and substantive modifications.

Second Requests in Merger Investigations

Practical Law Practice Note 1-601-3406 (Approx. 24 pages)

Second Requests in Merger Investigations

by Warren Rosborough, Emerson Thomson Bennett, and Carla A. R. Hine, Kirkland & Ellis LLP, with Practical Law Antitrust
Maintained • USA (National/Federal)
A Practice Note providing guidance on Second Requests, formally known as Requests for Additional Information and Documentary Material, issued by the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC). The Note includes strategies for avoiding or narrowing a Second Request during the initial phases of a merger investigation, as well as best practices for negotiating the scope of a Second Request after one is issued, including negotiating custodians, timing agreements, and substantive modifications.