DOJ Offers Tips on Shortening Deal Reviews
The trend of longer DOJ and FTC transaction reviews can be reversed by sometimes deferring Hart-Scott-Rodino notification filing to use that time to better work out arguments why the deal poses no harm to consumers, said Deputy Assistant Attorney General…
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Barry Nigro Friday at the annual Antitrust Law Leaders Forum, according to his prepared remarks. After that, quickly give strong arguments for why a fuller investigation isn't merited, he said: "A high level white paper re-hashing the rationale for the deal and the reasons not to worry often won’t cut it." Instead, within days of the HSR filing, provide names and phone numbers of major customers, big data for key transactions, areas of product overlap, internal analyses of competitors in areas of product overlap, business and strategic plans for overlap areas and analyses of the proposed transaction done internally or by consultants. Very few deals raise competitive red flags, with the DOJ Antitrust Division in 2017 opening investigations in 2.7 percent of proposed transactions and issuing second requests in 1.6 percent, he said.