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FTC revamps merger review

This article was originally published in The Rose Sheet

Executive Summary

Reforms to Federal Trade Commission's evaluation process for "second requests" in merger and acquisition transactions are intended to expedite such inquiries and to lower costs for the commission and companies involved, FTC says. Reforms are effective for all filings submitted on or after Feb. 17. Second requests are made when the commission seeks additional information about proposed transactions and occur in about 5% of merger evaluations, FTC notes; more than half of such requests resulted in antitrust enforcement action in 2005. "Reforms to the Merger Review Process" include limiting the number of employees required to provide information and narrowing the time periods for which companies must provide documentation. While a typical M&A request takes 30 days to clear, second requests currently take up to six to nine months, costing the commission millions of dollars, according to FTC...
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