Second Request Antitrust Resource Kit

Summary

This resource kit provides an overview of how to respond to a Request for Additional Information and Documentary Material, known as a Second Request, issued by the Federal Trade Commission (FTC) or the Antitrust Division of the Department of Justice (DOJ) during a merger review. Tasks that counsel must perform during a Second Request include understanding the context of the second request, gathering and submitting information and documents in order to “substantially comply” with the Second Request, preparing clients for interviews by the FTC or DOJ, and preparing for next steps after substantial compliance. This resource kit includes Practical Guidance materials on each of these tasks, including detailed practice notes, form, clauses, and checklists.