FTC Clarifies Early Termination Suspension
FTC temporary suspension of early termination doesn’t apply to certain scenarios when an ET is granted “after the investigating agency has issued a Request for Additional Information,” the FTC clarified Friday (see 2102080070). With DOJ’s support, the commission clarified the…
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suspension won’t apply to at least two circumstances involving “second requests.” Agencies will still grant ET when they issue second requests but “determine through investigation prior to the parties’ substantial compliance with the Second Request that the transaction is unlikely to substantially lessen competition.” Agencies will OK ET “when parties receive a Second Request, but then work with the agency to negotiate a Consent Agreement."