Second Requests  Antitrust ​​​​​​ Mergers & Acquisitions Competition Law

Facilitate second requests, cross-border transactions, acquisitions, and government investigations with accelerated data collection and cost-effective document review. 

Global Advisors: TransPerfect Antitrust Practice Group

Navigate Complex Antitrust and Competition Law with Confidence

Whether you are facing an action in the United States, the European Union, or elsewhere, our global footprint and service offerings are designed to collect data quickly, overcome data privacy challenges, and review documents swiftly to accelerate cross-border transactions, acquisitions, and government investigations.

During each stage of a second request lifecycle, we foster maximum efficiency and maintain 100% compliant with agency deadlines, specifications, requirements, and nuances. Our expert consultants actively engage with project managers, law firm representatives, and the end-client as approved to ensure streamlined communication and action throughout each phase of a second request.




Simplify your M&A eDiscovery Strategy

Merger enforcement litigation is expected to double by 2026 and the FTC and DOJ are continuously evolving merger guidelines to strengthen enforcement and reflect the modern marketplace.

A comprehensive eDiscovery partner to implement best practices, customize legal technology workflows, and strategize for the review phase as early as possible is essential to case teams’ ability to enter reasonable timing agreements.

Unpacking the Latest Regulatory Trends in U.S. Second Requests

Regulators are Taking a Harder Stance on Mergers: Regulators are unequivocally taking a harder stance on mergers due to the following reasons:

  • Concerns of excessive consolidation: Regulators are growing increasingly wary of the concentration of power in the hands of a few mega-corporations. The fear of market dominance and reduced competition has driven this concern.
  • Consumer and Labor/Employee Welfare: This stance extends beyond the traditional definition of competition. Regulators are now also looking closely at the potential harm to consumers, as well as the impacts of the proposed transaction on the labor market and employees. This includes scrutinizing non-compete agreements and the reduction in employee numbers following the merger.
  • Willingness to Litigate: When regulators believe mergers could harm competition, they’re more willing to take cases to court, underscoring their commitment to maintaining a competitive marketplace. Litigation is expected to double by 2026 related to merger enforcement.

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TransPerfect’s Antitrust Global Advisors: Merger Clearance by the Numbers


Supported 34 mergers in the last 36 months.

$139 billion value of mergers supported since 2019

85+ projects supported

92.3 TB processed since 2019

165MM documents hosted since 2019

2000+ review attorney assignments since 2019


Strength In Numbers: Trends in Antitrust Litigation

Private enforcement of competition law plays a vital role in safeguarding fair market competition and providing avenues for affected parties to seek compensation for antitrust infringements. While class actions have long been a substantial feature of the US legal system, legislative change over the last decade has driven an increase in private antitrust enforcement in Europe. Notably, the EU Damages Directive (Directive 2014/104/EU) has been implemented across EU member states, and a collective proceedings regime was created in the UK by the UK Consumer Rights Act 2015.

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eDiscovery for Second Requests

Expedite Second Requests for Mergers and Acquisitions

When issued a second request, global digital forensics experts can quickly be deployed to ensure regulatory compliance requirements are met in every language and jurisdiction.

eDiscovery project managers and consultants actively engage with outside counsel and the DOJ, as needed, to determine the parameters and protocols for the use of predictive coding in the review workflow, as well as for ultimate production specifications.

Effective ECA tools are crucial to controlling big data processing and meeting stringent deadlines. Digital Reef culls large, unstructured data sets and removes non-responsive data before it makes it into the review stage.

How to Improve Quality and Efficiency in Second Request Document Review

Businesses are generating a greater volume of documents than ever before. The variety of data in the scope of these projects is also being generated at higher volumes than even before. Data from cloud repositories, collaboration platforms like Slack or Google Drive, instant messaging applications, and text messages are becoming more and more prevalent in the second request eDiscovery process.

Tech-driven eDiscovery workflows are necessary to help control these volumes of data prior to and throughout the review process. Utilizing data analytics technology, like Pre-Review Analytics®, will help isolate and remove non-responsive data before it ever makes it into the review set. This not only helps save time and budget in the downstream document review, but it also helps map out the attorney resources that you will need in order to review the documents in a timely manner.

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Technology-Assisted Review in Second Requests

Technology-assisted review (TAR) workflows are being adopted more regularly by the DOJ and FTC. Setting a TAR workflow and establishing subject-matter experts (SME) is as important as the technology itself. Ensuring the SME team is properly involved and educated on the case is essential to training the TAR model, as it will help the training process move faster and minimize the number of issues encountered throughout the project.

Multi-language data can also pose unique challenges in a merger clearance document review. Depending on the volume and data types, a mix of technology (artificial intelligence, machine translation, TAR) and human (native speaking attorney reviewers or linguists) workflows can be constructed to reduce the volume and time it takes to complete the review.


In today’s ‘big data’ environment, the greatest obstacle to an efficient and streamlined merger clearance proceeding is the sheer volume of electronic documents that modern businesses generate. Fortunately, TransPerfect can implement sophisticated AI and data analytics tools are available to extract insights and satisfy disclosure obligations in a timely and affordable manner.

Did you know that TAR regularly reduces the volume of documents requiring manual, human review by over 40%?

By deploying technology-assisted review in your merger clearance proceeding, you can expedite the merger process and significantly reduce costs.

Implement the fastest and most accurate TAR workflows to guide you through pitfalls, considerations, and optimizations.

Our expert consultants will customize TAR 1.0 or 2.0 workflows for each matter in order to ensure your second requests are handled as efficiently and cost-effectively as possible.

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Second Request FAQs

What is a second request?

A second request is a formal demand for additional information issued by government regulatory bodies, such as the Federal Trade Commission (FTC) or the Department of Justice (DOJ), as part of their scrutiny into proposed mergers, acquisitions, or other business transactions that may raise antitrust concerns.

This request signifies that the initial review did not yield sufficient data for the regulatory agency to make an informed decision about the potential anticompetitive effects of the proposed deal. Parties involved in the transaction are obliged to comply with the second request by providing the requested information within a stipulated timeframe, thereby extending the evaluation process for the merger or acquisition.

What information is necessary to include in a second request submission?

Providing accurate, detailed, and complete information in the second request submission is crucial to facilitate the regulatory review process and ensure compliance with antitrust regulations. The following information is typically required in a second request submission:

  • Corporate Information: Detailed information about the companies involved in the merger or acquisition, such as corporate structure, key executives, and relevant subsidiaries.
  • Financial Data: Comprehensive financial statements, including balance sheets, income statements, cash flow statements, and other relevant financial data for both the acquiring and acquired companies.
  • Market Data: Detailed information about the market in which the companies operate, including market shares, industry trends, market competition, and other relevant data that helps assess the potential impact of the transaction on market dynamics.
  • Customer Information: Data related to the companies' customers, including customer demographics, purchasing habits, and any other relevant information that helps understand the companies' customer bases and the potential impact of the merger on consumers.
  • Competitive Analysis: Detailed analysis of the competitive landscape, including information about competitors, market entry barriers, competitive advantages, and any other relevant data that helps assess the potential competitive implications of the merger.
  • Product Information: Information about the products or services offered by the companies, including product specifications, pricing, distribution channels, and any other relevant data that helps understand the companies' offerings and market positioning.
  • Proposed Transaction Details: A comprehensive overview of the proposed transaction, including the terms of the merger or acquisition, the rationale behind the transaction, and any other relevant details that provide insights into the companies' strategic objectives and the potential impact of the transaction on the market.

How to initiate a second request for a merger or acquisition?

Initiating a second request for a merger or acquisition involves following specific procedures and protocols. Typically, this process is undertaken in the context of regulatory reviews conducted by antitrust authorities.

As you prepare to initiate a second request for a merger or acquisition, be sure to adhere to regulatory guidelines and communicate with antitrust authorities. Working closely with experienced legal counsel can help navigate this process more effectively.

What are the key steps involved in preparing and submitting a second request?

Preparing and submitting a second request in the context of a merger or acquisition involves several critical steps. Here's an overview of the key steps involved in this process:

  1. Understand Regulatory Requirements: Familiarize yourself with the specific regulatory requirements of the antitrust authorities, such as the FTC or DOJ, including the information that needs to be provided and the deadlines for submission.
  2. Gather Necessary Information: Collect all the relevant information and documentation required for the second request to provide a comprehensive overview of the proposed transaction and its potential impact on the market.
  3. Engage Legal Counsel: Work closely with experienced legal counsel to ensure that all necessary steps are taken to comply with regulatory standards and that the second request submission is thorough and complete.
  4. Organize and Analyze Data: Organize and analyze the collected data to present a clear and coherent narrative that effectively communicates the potential competitive implications of the proposed merger or acquisition to the antitrust authorities.
  5. Draft the Second Request Submission: Prepare a detailed and comprehensive second request submission that addresses all the specific requirements outlined by the antitrust authorities, providing accurate and complete information about the proposed transaction and its potential impact on market competition.
  6. Review and Revise the Submission: Conduct a thorough review of the second request submission to ensure its accuracy and completeness. Make any necessary revisions or updates to the submission to address any potential gaps or inaccuracies.
  7. Submit the Second Request: Submit the completed second request to the relevant antitrust authorities within the specified timeframe, ensuring that all required documentation and information are included and that the submission adheres to the regulatory guidelines and requirements.
  8. Cooperate with Regulatory Authorities: Maintain open communication and cooperation with the antitrust authorities throughout the review process, responding promptly to any inquiries or requests for additional information that may arise during the second request process.

What is the timeline for responding to a second request from regulatory authorities?

The timeline for responding to a second request from regulatory authorities can vary depending on the complexity of the transaction and the specific requirements outlined by the authorities.

After the initial notification of the second request, there is usually a specified period, typically 30 days, within which the parties involved in the merger or acquisition must respond to the request. In some cases, the parties may request an extension of time to respond to the second request. This extension request must be submitted within the initial response period and is subject to approval by the regulatory authorities.

Following the submission of the second request and all required information, the regulatory authorities typically have a specific period, often 30 to 60 days, to conduct a thorough review of the information provided and make a determination regarding the potential competitive implications of the proposed merger or acquisition. During the review process, the regulatory authorities may request additional information or documentation from the parties, which may require an extension of the timeline for response, depending on the nature and scope of the additional requests.

How to ensure compliance with second request regulations and requirements?

Ensuring compliance with second request regulations and requirements is critical in the context of a merger or acquisition to facilitate a smooth and efficient regulatory review process. To achieve this, it is imperative to thoroughly understand the specific regulations outlined by the relevant authorities, and to work closely with experienced legal counsel specialized in antitrust matters. By gathering and organizing all pertinent information, responding to the second request within the designated timeframe, and maintaining open and transparent communication with the regulatory authorities, companies can demonstrate their commitment to compliance and cooperation. Implementing internal compliance measures and regularly monitoring the progress of the review process further ensures that all parties involved adhere to the necessary regulations and requirements throughout the entirety of the merger or acquisition process.

What are the best practices for handling data and document requests during a second request process?

Effectively managing data and document requests during a second request process necessitates a strategic and compliance-focused approach. Begin by thoroughly understanding the scope of the request to precisely identify the required information. Establish a centralized data management system that is well-organized, facilitating efficient retrieval. Ensure strict compliance with relevant legal and regulatory frameworks, assigning clear responsibilities within the organization for a coordinated response. Maintain open lines of communication with the requesting party, offering regular updates on progress and addressing any potential challenges. Prioritize data security throughout the process and implement quality control measures to guarantee the accuracy and completeness of the provided documents. Adhere to specified deadlines and conduct a legal review before releasing information, redacting sensitive details when necessary. Document the entire process meticulously, and provide training for staff to ensure awareness and adherence to proper procedures. These best practices collectively contribute to a transparent, compliant, and streamlined response to data and document requests during a second request process.

Second Request Case Study

Cutting-Edge eDiscovery & Enhanced Machine Translation Workflow Saves Millions on a Second Request

TransPerfect Legal supported both parties in a billion-dollar acquisition that consolidated two Asia-headquartered global transportation companies. The transaction was subject to a second request before the United States Department of Justice as well as parallel merger review proceedings in the EU, UK, and other jurisdictions.

By leveraging custom TAR workflows and proprietary machine translations, TransPerfect customized an enhanced MT eDiscovery workflow in close coordination with the DOJ staff attorneys to satisfy their quality concerns—without the need for cost- and time-prohibitive human translation. The custom solution that TransPerfect designed obtained DOJ approval for after a series of sampling and feedback exchanges with the DOJ team.

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