Appendix O. Selected Hart-Scott-Rodino Statistics FY 1998-2002

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APPENDIX O

SELECTED HART-SCOTT-RODINO

STATISTICS FY 1998 - 20021

1998 1999 2000 2001 2002

Transactions Reported 4,728 4,642 4,926 2,376 1,187

Antitrust Division

Second Requests Issued 79 68 55 43 22

Challenges 51 47 48 32 10

Actions Filed in District Court 15 21 21 8 42

Consent Agreements Issued 1032041858 2

Transactions Restructured or Abandoned 36 26 27 24 6

Federal Trade Commission

Second Requests Issued 46 45 43 27 27

Challenges 33 30 32 23 24

Actions Filed in District Court 3 5 1 56

Consent Agreements Issued 23 18 18 18 10

Transactions Restructured or Abandoned 7 12 9 4 7

1. Federal Trade Commission and Department of Justice, Annual Report to

Congress Pursuant to Subsection 7A of the Clayton Act Hart-Scott-Rodino

Antitrust Improvements Act of 1976, Fiscal Years 1998, 1999, 2000, 2001

and 2002.

2.Two of these cases were settled by consent decree; one transaction was

abandoned after filing the complaint; and in one case (United States v.

SunGuard Data Sys. Inc., 172 F. Supp. 2d. 172 (D.D.C. 2001)) DOJ did not

prevail.

3.Of the five remaining transactions, one was abandoned pursuant to the

consent agreement and four were abandoned after the complaints were filed.

4.The remaining case was settled in November 2000 (Press Release,

Department of Justice, Department Announced Tentative Settlement in

Northwest-Continental Lawsuit, (Nov. 6, 2000)).

5.Of the remaining three transactions, two were abandoned after the complaint

was filed and one case (United States v. Franklin Electric Co., 130 F. Supp.

2d 1025 (W.D. Wis. 2000)) was litigated in district court; DOJ prevailed.

6.The FTC authorized staff to seek injunctive relief in five matters, only one of

which was filed in district court. In addition, the FTC filed two

administrative complaints.