Appendice 14. Sample Letter Containing Notice Agreement

• Pages: 1-1

APPENDIX 14 14-1

Sample Letter

Containing Notice Agreement

Jane Doe

FTC Counsel, Bureau of Competition

Federal Trade Commission

Washington, D.C.

Re: Acme Inc. Acquisition of Amalgamated,

Inc.; Transaction Identification No. _____

Dear Ms. Doe:

As we discussed by telephone yesterday afternoon, the Commission

has determined that it will sue to enjoin the above-referenced transaction

in the event that the parties indicate an intention to consummate. Acme,

Inc. is considering what course of action to pursue and needs time to

decide whether to pursue the transaction further.

You indicated that if my client required additional time to decide

what to do, you would be willing to enter into an agreement along the

following terms: You would agree not to institute suit to block the

transaction at this time provided that the parties agreed to provide at

least ten days’ notice before consummating the transaction. Acme, Inc.

agrees to these terms.

I hereby certify on behalf of Acme, Inc. that at least ten calendar

days prior to any date agreed upon by the parties to consummate the

above-referenced transaction, you will receive, by hand-delivery or fax,

a letter submitted on behalf of Acme, Inc., informing you of the agreed

upon consummation date. Upon your receipt of this notice, the

Commission will be free to seek injunctive relief to block the

transaction. Acme, Inc. will take no actions to consummate the

transaction that are inconsistent with this agreement.

Please respond in writing to confirm that we have an agreement as

outlined above.

Sincerely,

Richard Roe