Common Contracts

MEMORANDUM

July 21st, 2006

• Filed
  July 21st, 2006

In 2002, the Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) agreed to a protocol (the “2002 Agreement”) for allocating merger and other civil investigations between them in order to avoid delay that can result from clearance disputes. The agencies subsequently abandoned the agreement in response to Congressional opposition.1 On May 23, 2006, the Commission reached a tentative consensus to recommend that Congress either encourage or require the FTC and DOJ to re-adopt a clearance procedure. The Commission deferred resolution of whether to recommend that a particular “tie-breaker” be adopted by the agencies (or imposed by Congress).