The Merger Review Process. A Step-by-Step Guide to U.S. and Foreign Merger Review. Fourth Edition
- Publisher:
- American Bar Association
- Publication date:
- 2012-12-06
- ISBN:
- 9781614383680
Description:
Revised and expanded, this comprehensive guide to the process and procedures of merger review at the federal agencies makes the federal review process more comprehensible and accessible to executives, parties, and their counsel.
Index
- Preliminary sections
- Foreword
- Preface
- Background
- Representing Parties in Mergers Subject to Multijurisdictional Review
- Role of State Attorneys General and Other Federal Regulatory Agencies
- Nonreportable Transactions, Bankruptcy, and Hostile Transactions
- Before the HSR Filing
- During the Initial Waiting Period
- While Compiling the Second Request Response
- Productions in the Electronic Age
- After Responding to the Second Request
- Resolution without Litigation
- Part 3 Litigation
- Preliminary Injunction Litigation
- Role of Economists Before the Agencies and in Court
- Appendice 1. FTC Expertise List By Litigation And Regional Offices
- Appendice 2. Sample Waiver Forms
- Appendice 3. Sample Letter Waiving Confidentiality To Allow Communications Between Federal Agency And State Attorney General
- Appendice 4. Sample Letter Waiving HSR Confidentiality For Other Regulatory Agencies
- Appendice 5. Sample Retention/Confidentiality Agreement For An Economic Consultant
- Appendice 6. Sample Joint Defense Agreement
- Appendice 7. Sample Section 1746 Declaration
- Appendice 8. U.S. Department of Justice Antitrust Division Civil Expertise by Litigation Section
- Appendice 9. With Second Requests
- Appendice 10. Second request compliance checklist
- Appendice 11. Sample Agency Assurance Of Protection Of Confidential Information
- Appendice 12. Sample Protective Order
- Appendice 13. Sample Letter Extending Waiting Period
- Appendice 14. Sample Letter Containing Notice Agreement
- Appendice 15. Sample Withdrawal Letter And Agency Response
- Appendice 16. Sample Letters Containing Set and Rolling Extensions
- Appendice 17. Sample Letter from Compliance Division Following Issuance of Consent Order
- Appendice 18. Sample 15 USC § 16(G) Filing
- Appendice 19. Key Elements of Rule