Second Request | Practical Law

Second Request | Practical Law

Second Request

Second Request

Practical Law Glossary Item w-008-4376 (Approx. 3 pages)

Glossary

Second Request

Also known as a Request for Additional Information and Documentary Material. A comprehensive document, data, and interrogatory request issued by the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC). A Second Request tolls the agency's statutory time limit to complete its review of a transaction reported under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 until each party has certified that it has substantially complied with the Request. The DOJ or FTC may issue a Second Request if the agency cannot resolve all of its concerns about the likely competitive effects of the transaction during this initial investigation period. Second Requests are generally drafted by agency staff and approved by the front office (the agency's senior officials) before being issued to all of the parties to the transaction.
For more information on Second Requests, see Practice Note, Second Requests in Merger Investigations.