The Justice Department’s Antitrust Division has announced a return to implementing targeted Second Request investigations as part of its merger review process. This initiative is designed to expedite the review of proposed mergers while maintaining the integrity of investigations aimed at protecting American consumers.

Associate Attorney General Stanley E. Woodward Jr. emphasized that the new approach will eliminate bureaucratic hurdles and enhance the Department's ability to enforce antitrust laws effectively. The targeted process is expected to facilitate quicker reviews, optimize taxpayer resource usage, and ensure a competitive marketplace.

Under the Hart-Scott-Rodino (HSR) Act, mergers above certain thresholds must notify the Federal Trade Commission (FTC) and the Antitrust Division before completion. The Division may issue a Second Request for additional information relevant to the transaction. Historically, targeted Second Requests have helped focus government resources on specific competitive concerns, reducing administrative burdens.

The targeted investigations involve a timing agreement between the Division and merging parties, prioritizing the submission of key information that could resolve questions before full compliance is required. This approach allows for efficient information exchange and timely review milestones.

The Division's commitment to this historical practice aims to lower costs for merging parties while ensuring thorough investigations of transactions that may raise competitive issues. The Division remains open to negotiating modifications to Second Requests when appropriate, while still requiring full compliance when broader information is necessary for enforcement decisions.