Hot Documents in Merger Investigations

Washington, DC
29 May 2013
Hosted By: the ABA Section of Antitrust Law

This panel discussion, hosted by the ABA Section of Antitrust Law in Washington, DC on 29 May 2013, provided an overview on "hot documents," a term that was defined in this year's Federal Trade Commission (FTC) horizontal data report. The FTC's report also provided empirical data on how the presence or absence of hot documents have impacted merger investigations. NERA Senior Vice President Dr. Chetan Sanghvi, who formerly served as an Economics Advisor at the FTC, participate in the discussion along with Cathy Moscatelli, Assistant Director at the FTC, and Jim Tierney, Section Chief of the Antitrust Division of the US Department of Justice. The panelists began by defining hot documents, and then discussed the best practices for preventing them, how to deal with them from a government and defense perspective, and the interplay between hot documents and economic analysis. Mike Cowie, Partner at Dechert LLP, moderated the discussion.

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