United States: July – September 2018 Update
Both US antitrust agencies marked the third quarter of 2018 with
significant policy announcements regarding the merger review
process. The announced reforms seek to expedite the review process
through cooperation between the agencies and the merging parties.
Moving first, the Federal Trade Commission (FTC) revealed a Model
Timing Agreement that provides the FTC Staff with earlier notice of
the parties' intent to substantially comply with a Second
Request. Earlier notice allows the FTC Staff to create a more
effective timeline for meetings with division management, front
office staff and the Commissioners. Less than two months after the
FTC revealed its Model Timing Agreement, the Antitrust Division of
the US Department of Justice (DOJ) announced procedural reforms
aimed at resolving merger investigations within six months of
filing. The DOJ will commit to fewer custodians and depositions in
exchange for the merging parties
