Memo to Staff
May 16, 2000
The Bureau of Competition recently announced procedures and initiatives to continue making merger investigations more effective and more efficient. All staff should make certain they adhere to these procedures.
1. Second Request Review. All second requests must be reviewed by Bureau senior management before issuance. As soon as staff have completed a reasonably complete request draft, they should forward a copy of the draft by e-mail to Claudia Higgins and the Assistant to the Director assigned to the investigation. Staff should plan on forwarding their drafts at least three days before the end of the initial waiting period. Draft second requests will be reviewed to make sure the specifications are as precisely and narrowly framed as possible, consistent with the needs of the investigation.
2. Second Request Conferences. Staff should convene a second request conference with the parties to the transaction soon after the issuance of a second request. At the conference, staff should discuss the competitive issues raised by the proposed transaction, to the extent they are then known, and consider with the parties the most expeditious means by which information and documents may be obtained relating to the competitive issues raised. The conference should take place within five business days of issuance of the second request, unless the parties request that it be held at a later date.
3. Modification Letters. Staff should provide written responses to requests for modification to a second request within five business days of the request for modification. Prompt written responses by staff will afford the parties greater opportunities for more efficient and better-directed searches.
4. Appeals to the General Counsel. Parties now have recourse to the General Counsel for resolution of second request modification issues not resolved through discussion with staff. According to the procedures adopted by the Commission, a party may invoke the right to General Counsel review by filing a short letter that describes the issue(s) requiring resolution. Upon receipt of such a letter, the General Counsel will invite briefs from Bureau staff and the parties and hold a hearing on the issues presented. These procedures set short deadlines, contemplating that the appeal process will be completed within ten days of inception. (Procedures attached.)
