T
he antitrust space is abuzz
with news of the Federal
Trade Commission's recent
legal defeat in its fight to block
Microsoft from taking over
Activision, the makers of the popular video
game Call of Duty. But don't breathe a sigh
of relief just yet. Despite this perceived win
for Big Tech, the FTC and DOJ are unlikely
to stop their pursuit of reversing what they
call a culture of "underenforcement" within
the space. And if investigations continue to
increase as promised, an organization without
a solid action plan in response to an antitrust
investigation will inevitably opt for completion
over quality, potentially making avoidable but
costly mistakes.
After all, antitrust investigations aren't
a walk in the park. Target businesses face
many challenges during both initial inquiries
and second requests. For one, the response
deadlines are tight, generally allowing just 30
days from the FTC or DOJ inquiry to respond.
Making matters worse, a response often
requires the review and assessment of millions
of documents and other materials. Although
some businesses can request an extension,
this only buys a company a few months. (And
don't hope for further delay: The deadlines are
mandated by law.)
Additionally, ever-evolving and hard-to-
anticipate variables leave companies in the dark
about the full scope of review until the work is
actually finished. As we've noted before, many
businesses aren't even fully aware of where their
data lives, so they can't determine the size of the
Don't Cut Corners:
Maintaining Quality of Review
During Antitrust Investigations
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If you're just joining us, this is part two of a three-
part series outlining an action plan to strengthen
your organization for today's ever-changing antitrust
environment. In part one, we discussed the history
and purpose of antitrust laws. (Spoiler alert:
They're old and are created to block large
mergers and acquisitions that result in
monopolies because of their potential
harmful effects on consumers.)
We also stressed the importance
of collaboration within your
investigation review team. Part two,
below, discusses the importance of
quality within the review process.
