Appendix 10. DOJ/FTC Clearance Procedures for Investigations (1993)

• Pages: 381-385

381

APPENDIX 10

DOJ/FTC CLEARANCE PROCEDURES FOR

INVESTIGATIONS (1993)

H-S-R Filing Clearances

Both agencies will seek to resolve claims within 10 calendar days

after receipt of the filings. If, after a good faith effort to settle the

clearance,1 an impasse has resulted (because both agencies believe they

have equal claims) and only 15 days are left until the end of the waiting

period, the merger possession arrow must be used or the matter will be

escalated. Both agencies shall designate two persons who will handle

such escalations.2 If escalated, the first level reviewers will endeavor to

resolve the matter no later than two days after the date of escalation. If

they cannot resolve the matter, it will be escalated to the second level and

be immediately resolved. The merger possession arrow may be used at

any time.

In the case of a cash tender offer, the agencies will seek to resolve

the clearance within five days after receipt of filings, then escalate by the

sixth day to the next level and by the seventh day to the second level. In

the case of a filing involving a firm in bankruptcy, the agencies will seek

to resolve the clearance within three days after receipt of both filings,

then escalate by the fourth day.

The agencies agree to treat health care business reviews as if they

were Hart-Scott-Rodino filings.

1. The agencies agree that failure to provide a counterclaim within seven

days after receipt of the original claim by the respective DOJ/FTC liaison

office will result in the matter being cleared to the agency which provided

the claim. In the case of a cash tender offer or bankruptcy filing, this

period is reduced to five days and three days, respectively.

2. Nothing in this agreement precludes persons other than the designated

reviewers from conferring about and resolving any claim.