Appendix 15. Request for Additional Information and Documentary Material

• Pages: 419-437

419

APPENDIX 15

REQUEST FOR ADDITIONAL INFORMATION AND

DOCUMENTARY MATERIAL

Unless modified by agreement with the staff of the Department of

Justice, each specification of this Request requires a complete search of

“the company” as defined in Paragraph “A” of the Definitions and

Instructions which appear after the following specifications. If the

company believes that the required search or any other part of the

Request can be narrowed in any way that is consistent with the

Department’s need for documents and information, you are encouraged

to discuss such questions and possible modifications with the

Department representatives identified on the last page of this Request.

All modifications to this Request must be agreed to in writing by those

representatives. Please provide the response to specification 1 of this

Request promptly, especially in relation to the company’s electronic data

systems, to facilitate discussions about limiting the required search with

the Department’s representatives before you begin your search.

SPECIFICATIONS

1. Submit:

a. one copy of each organization chart and personnel

directory in effect since January 1, [Yr-2] for the

company as a whole and for each of the company's

facilities or divisions involved in any activity relating to

any relevant product [service];

b. a list of all agents and representatives of the company,

such as attorneys, consultants, investment bankers,

product distributors, and sales agents, retained by the

company in any capacity relating to the Transaction or to

the development, production, marketing, or sales of any

relevant product (excluding those agents and

representatives retained solely in connection with

environmental, tax, human resources, pensions, benefits,

ERISA, or OSHA issues); and

DOJ Civil Antitrust Practice and Procedure Manual420

c. a list of employees or agents most knowledgeable about

the company's electronic data systems and policies or

practices regarding retention, storage, deletion, and

archiving of electronic data, including e-mail. In the case

of multiple systems with different capabilities or

limitations, provide names of employees or agents

knowledgeable about each system.

2. List each relevant product [service] manufactured or sold

[provided] by the company, and for each:

a. provide a description of the product [including

identification information such as brand name or

catalogue number, and end uses] [service]; and

b. state the division, subsidiary, or affiliate of the company

that manufactures or sells [provides] or has

manufactured or sold [provided] the product [service].

3. For each relevant product [service] listed in response to

specification 2 above, and for each year from [Yr-3] to the

present, state:

a. the company's sales to all customers in each relevant

area, stated separately, in units and dollars;

b. [optional] that portion of the company's sales to

customers in each relevant area, stated separately, in

units and dollars, that were of products manufactured in

the United States;

c. [optional] that portion of the company's sales to

customers in each relevant area, stated separately, in

units and dollars, that were of products manufactured

outside the United States;

d. that portion of the company's sales to customers in each

relevant area, stated separately, in units and dollars, that

were of products purchased from sources outside the

company and resold by the company rather than of

products manufactured by the company;

e. the names and addresses of the company's 20 largest

customers (20 persons who purchased the greatest unit

and dollar amounts of each relevant product [service]

from the company) in each relevant area; and

f. the name and address of each of the company's

competitors in each relevant area in the manufacture or