Merger Control

Defending against and complying with requests involved in regulatory scrutiny and resulting litigation is complex — it requires technical, economic and legal knowledge, due diligence expertise, and knowing how to minimize risk. Investigations initiated by regulatory agencies that oversee antitrust and competition matters often involve requests for information, which include in the merger context both voluntary and Hart-Scott-Rodino (“HSR”) Second Requests, Canadian Supplemental Information Requests and European Phase II Merger Control investigations. Such requests often entail massive data sets, multiple custodians and global locations. FTI Consulting helps clients prepare for, comply with or defend against antitrust regulatory actions and resulting litigation in global jurisdictions.

How We Help

The stakes cannot be higher for organizations facing merger control matters, as failure to respond promptly or sufficiently may result in a large fine or even a failed merger. FTI Consulting has deep experience with the relevant regulatory bodies and has a vetted merger control playbook that incorporates our leading-edge technology and workflows. We know how to gather and analyze the information needed and to refine the focus of an investigation, contributing to the best possible outcomes. And we combine this experience with the flexibility and ingenuity necessary to handle the unique characteristics and specific needs of your effort. These same skills apply to a wide array of e-discovery needs in government inquiry and litigation.

Our firm’s experience and technology help ensure timely and accurate submissions to antitrust, merger control, or other regulators every time on all aspects of an inquiry. Clients benefit from:

• End-to-end services. Starting with initial meetings with legal teams to determine the scope and format of the project, our team then develops and executes review workflows within required deadlines. Also, we perform complex data collection, processing and hosting and multiparty production throughout the life of the project. We are also well versed in the latest data requirements from specific regulatory agencies, including best practices when dealing with emerging data sources, defensible use of predictive coding, GenAI, advanced analytics and keyword generation.
• Innovative use of software and solutions. Whatever your preferred e-discovery platform, we have the technical expertise and capability to leverage it to provide a flexible and cost-effective solution for your Second Request or other requests. Our team of antitrust consultants is experienced with a broad range of legal review software and can use your platform’s data analytics and predictive coding functionality to quickly find relevant documents. If appropriate, we can also utilize our own analytics software to supplement any software to streamline and shorten the review time.
• Global team. Our expertise in regulatory investigations and litigation matters comes from our teams of experts in mergers and acquisitions, investigations and economics. We have a senior team of authorities in Second Request law and procedure, technology experts and multilingual reviewers based around the globe. Both our U.S. and non-U.S. jurisdiction services include non-English language review and navigation of local regulations and customs. Because of the sheer number of projects and successful outcomes we’ve managed for our clients we have established relationships with relevant regulatory bodies. Our commitment to collaboration, visibility and superior communication with all parties involved, combined with our nuanced understanding of each step of the regulatory process, makes our team unrivaled in the space.