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In United States antitrust law , a second request is a discovery procedure by which the Federal Trade Commission and the Antitrust Division of the Justice Department investigate mergers and acquisitions which may have anticompetitive consequences.
Under the Hart-Scott-Rodino Antitrust Improvements Act , before certain mergers , tender offers or other acquisition transactions can close, both parties to the deal must file a "Notification and Report Form" with the Federal Trade Commission (FTC) and the Assistant Attorney General in charge of the Antitrust Division .
If either the FTC or the Antitrust Division has reason to believe the merger will impede competition in a relevant market , they may request more information by way of "Request for Additional Information and Documentary Materials" , more commonly referred to as a "Second Request".
Substance of request [ edit ] A typical second request asks to gather information about the sales, facilities, assets, and structure of the businesses which are party to the transaction.[ 1] law firms representing parties to a transaction in which a second request has been issued often must hire contract attorneys to review all the documents involved .
Parties to a transaction who feel that the second request is unnecessary or needlessly duplicative of information discovered earlier may appeal to either the FTC or the Antitrust Division (whichever agency issued the request).[ 1]
Statutes and Supreme Court
Sherman Antitrust Act Sherman Antitrust Act Other Sherman cases
United States v. E. C. Knight Co. United States v. Trans-Missouri Freight Association Addyston Pipe & Steel Co. v. United States Northern Securities Co. v. United States Swift & Co. v. United States Loewe v. Lawlor Dr. Miles Medical Co. v. John D. Park & Sons Co. United States v. Terminal Railroad Association Chicago Board of Trade v. United States United States v. Colgate & Co. Federal Baseball Club v. National League United States v. General Electric Co. Interstate Circuit, Inc. v. United States Ethyl Gasoline Corp. v. United States Fashion Originators' Guild of America v. FTC United States v. Masonite Corp. United States v. Univis Lens Co. Parker v. Brown United States v. South-Eastern Underwriters Ass'n Associated Press v. United States Hartford-Empire Co. v. United States Bigelow v. RKO Radio Pictures, Inc. United States v. Paramount Pictures, Inc. United States v. United States Gypsum Co. Besser Manufacturing Co. v. United States Times-Picayune Publishing Co. v. United States Toolson v. New York Yankees, Inc. United States v. International Boxing Club of New York, Inc. Radovich v. National Football League Klor's, Inc. v. Broadway-Hale Stores, Inc. United States v. Parke, Davis & Co. Haywood v. National Basketball Association Zenith Radio Corp. v. Hazeltine Research, Inc. Flood v. Kuhn Broadcast Music, Inc. v. CBS Inc. California Retail Liquor Dealers Ass'n v. Midcal Aluminum, Inc. American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. Eastman Kodak Co. v. Image Technical Services, Inc. Hartford Fire Insurance Co. v. California Illinois Tool Works Inc. v. Independent Ink, Inc. North Carolina State Board of Dental Examiners v. FTC Interstate Commerce Act Clayton Antitrust Act FTC Act case lawRobinson–Patman Act Other cases
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