Information Request to Assess Substantive Antitrust Risk

Summary

This template is an information request that antitrust counsel for merging parties can send to their clients to solicit materials that will allow you to better understand the potential antitrust risk involved in a transaction. This template contains practical guidance and drafting notes. You will need to tailor this template based on (1) your client’s role in the transaction (e.g., target company, seller, or buyer), (2) the counterparty(ies), (3) the amount of antitrust risk, and (4) the client’s budget, available resources, and willingness to conduct or begin the antitrust analysis. For background on horizontal and vertical merger analysis, including material that will help you to analyze and contextualize the materials you receive in response to this request, please see the practice notes Horizontal Merger Analysis and Vertical Merger Analysis. For checklists that you can use to guide you in drafting information requests, please see Horizontal Merger Analysis Information Request ...