Revising the Merger Guidelines: Second Request Screens and the Agencies Empirical Approach to Competitive Effects

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Gregory Leonard, Lawrence Wu, Dec 16, 2009

Two aspects of the Merger Guidelines could benefit from a revision. First, the Merger Guidelines do not provide guidance on how the Agencies determine whether or not they will issue a Request for Additional Information and Documentary Material (i.e., a “Second Request”). Yet, for many merging parties, guidance on how the Agencies make this initial decision is critical because