
[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR2]

[Page 40-41]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 2--NONADJUDICATIVE PROCEDURES--Table of Contents
 
Subpart B--Petitions Filed Under Section 7A of the Clayton Act, as Amended, for
 Review of Requests for Additional Information or Documentary Material

    Authority: 15 U.S.C. 18a(d), (e).

Sec. 2.20  Petitions for review of requests for additional information 
          or documentary material.

    (a) For purposes of this section, ``second request'' refers to a 
request for additional information or documentary material issued under 
16 CFR 803.20.
    (b) Second request procedures--(1) Notice. Every request for 
additional information or documentary material issued under 16 CFR 
803.20 shall inform the recipient(s) of the request that the recipient 
has a right to discuss modifications or clarifications of the request 
with an authorized representative of the Commission. The request shall 
identify the name and telephone number of at least one such 
representative.
    (2) Second request conference. An authorized representative of the 
Commission shall invite the recipient to discuss the request for 
additional information or documentary material soon after the request is 
issued. At the conference, the authorized representative shall discuss 
the competitive issues raised by the proposed transaction, to the extent 
then known, and confer with the recipient about the most effective way 
to obtain information and documents relating to the competitive issues 
raised. The conference will ordinarily take place within 5 business days 
of issuance of the request, unless the recipient declines the invitation 
or requests a later date.
    (3) Modification of requests. The authorized representative shall 
modify the request for additional information or documentary material, 
or recommend such modification to the responsible Assistant Director of 
the Bureau of Competition, if he or she determines that a less 
burdensome request would be consistent with the needs of the 
investigation. A request for additional information or documentary 
material may be modified only in writing signed by the authorized 
representative.
    (4) Review of request decisions. (i) If the recipient of a request 
for additional information or documentary material believes that 
compliance with portions of the request should not be required and the 
recipient has exhausted reasonable efforts to obtain clarifications or 
modifications of the request from an

[[Page 41]]

authorized representative, the recipient may petition the General 
Counsel to consider and rule on unresolved issues. Such petition shall 
be submitted by letter to the General Counsel with a copy to the 
authorized representative who participated in the second request 
conference held under paragraph (b)(3) of this section. The petition 
shall not, without leave of the General Counsel, exceed 500 words, 
excluding any cover, table of contents, table of authorities, 
glossaries, proposed form of relief and any appendices containing only 
sections of statutes or regulations, and shall address petitioner's 
efforts to obtain modification from the authorized representative.
    (ii) Within 2 business days after receiving such a petition, the 
General Counsel shall set a date for a conference with the petitioner 
and the authorized representative.
    (iii) Such conference shall take place within 7 business days after 
the General Counsel receives the petition, unless the request recipient 
agrees to a later date or declines to attend a conference.
    (iv) Not later than 3 business days before the date of the 
conference, the petitioner and the authorized representative may each 
submit memoranda regarding the issues presented in the petition. Such 
memoranda shall not, without leave of the General Counsel, exceed 1250 
words, excluding any cover, table of contents, table of authorities, 
glossaries, proposed form of relief and appendices containing only 
sections of statutes or regulations. Such memoranda shall be delivered 
to counsel for the other participants on the same day they are delivered 
to the General Counsel.
    (v) The petitioner's memorandum shall include a concise statement of 
reasons why the request should be modified, together with proposed 
modifications, or a concise explanation why the recipient believes it 
has substantially complied with the request for additional information 
or documentary material.
    (vi) The authorized representative's memorandum shall include a 
concise statement of reasons why the petitioner's proposed modifications 
are inappropriate or a concise statement of the reasons why the 
representative believes that the petitioner has not substantially 
complied with the request for additional information and documentary 
material.
    (vii) The General Counsel shall advise the petitioner and the 
authorized representative of his or her decision within 3 business days 
following the conference.

[66 FR 8721, Feb. 1, 2001]
