DOJ Civil Antitrust Practice and Procedure Manual

This Manual is intended to provide practical guidance to lawyers and companies that are involved in antitrust investigations, and litigation with the Antitrust Division. It addresses such topics as the organization of the Antitrust Division, clearance with the Federal Trade Commission, options available to those served with a civil investigative demand, merger and conduct investigations, and Tunney Act procedures.

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ISBN: 9781641052122
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ISBN: 9781641052122
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The DOJ Civil Antitrust Practice and Procedure Manual is the first book to comprehensively examine the process and procedures governing civil antitrust enforcement and policy making by the Antitrust Division of the Department of Justice. It provides a framework for understanding the process and procedures the Antitrust Division employs in conducting its investigations, deciding whether to bring an enforcement action, advocating for competition, and formulating guidance to the antitrust community.

This Manual is intended to provide practical guidance to lawyers and companies that are involved in antitrust investigations, and litigation with the Antitrust Division. It addresses such topics as the organization of the Antitrust Division, clearance with the Federal Trade Commission, options available to those served with a civil investigative demand, merger and conduct investigations, and Tunney Act procedures.

In thirteen in-depth chapters, the Manual examines the following topics:

+The history and organization of the Antitrust Division
+Civil investigations, including clearance with the FTC and initiating and conducting preliminary investigations
+The Division's use of civil investigative demands under the Antitrust Civil Process Act
+Merger investigations at the Division
+Investigations, including the procedures the Division uses in recommending whether to close an investigation or pursue litigation
+The confidentiality of information provided to the Antitrust Division.
+The Division's litigation of merger and non-merger cases
+The Division's use of consent decrees
+Non-prosecutorial activities, including the issuance of guidelines, business review letters, review of accountable care organizations, competition advocacy, amicus brief writing, and interactions with Congress
+Interaction with State Attorneys General and the various related agreements and procedures that accompany that interaction
+The Division's international program, including the bilateral relationships the Division has with other countries and its participation in international antitrust organizations.

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