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Client alert1 min read

Preparing for a second request: a timeline for merging parties

An in-depth merger review is a project with a timetable. Parties who plan it from the term sheet keep control of it.

When a transaction may receive an in-depth review, the months before filing are the best time to prepare. The steps below are general and will vary with the agencies involved and the facts of each deal.

Before signing

  • Map overlaps and the documents that describe them
  • Agree how the parties will share competitively sensitive information
  • Set outside dates and fees against a realistic review timeline

Between signing and filing

Collect ordinary-course documents, prepare economists, and begin engagement with the agency where that is customary. Consistency between the parties' documents and their advocacy is critical.

During the review

Negotiate the scope of any request, plan document production and custodial interviews, and keep remedies analysis ready in case it is needed.

This publication is general information, not legal advice. It may not reflect later developments. Contact a lawyer about your circumstances.