Antitrust and Second Requests
Antitrust/Competition Law: Second Requests, Supplementary Information Requests (SIRs), and European Commission Reviews
Epiq has unparalleled experience responding to requests by domestic and international regulatory agencies to collect, assess, and produce highly-sensitive data relating to acquisitions and mergers. Whether a Second Request in the United States, a Supplementary Information Request (SIR) in Canada, or an investigation by the European Commission or a foreign jurisdiction, these matters are invariably high-profile, fast-moving, and critical to a company’s long-term success. Clients in a wide variety of industries have entrusted this most sensitive endeavor to Epiq.
Epiq works closely with corporate and outside counsel from the outset of the engagement to collect, process, review, and produce data in a defensible and cost-efficient manner. Epiq has been on the forefront of developing successful strategies with government agencies for deploying technology assisted review (TAR) tools to dramatically reduce both the scope of data a company must provide and the cost of compliance. As corporate transactions for multinational companies are coming under increasing scrutiny by multiple countries, Epiq has the international resources to respond promptly in all jurisdictions involved, in accordance with applicable data privacy regulations.
In addition to our experienced client services (data) and consulting teams (TAR), Epiq has developed a core group of document review managers and attorney reviewers in the U.S., Canada, Europe, and Asia who have extensive antitrust/competition document review experience.
To date, Epiq has supported more than 100 Second Requests, Canadian SIRs, and European Commission investigations.
Our antitrust/competition project management teams understand the urgency of our clients’ work and are committed to providing reliable, proactive, and responsive support to meet the required deadlines, and produce high-quality, defensible data. Our production operations run 24/7 and are supported by more than 150 production engineers.
The Epiq international forensics team, comprised of seasoned professionals with extensive government enforcement backgrounds, can quickly deploy team members to collect data across the globe from a wide variety of data sources. They are also uniquely positioned to collect data from both structured and non-structured sources.
Epiq uses Relativity, the leading review platform, to provide counsel and reviewers the flexibility and scalability to handle complex analysis, review, and production projects, including the production of native files where permissible. Epiq has the required scale and capacity to support processing and production volumes in compressed timelines that are typical of antitrust/competition matters.
Project planning and management
Epiq has experienced teams of data, TAR, and document review professionals who work with our clients to establish a project plan that serves as the road map for the defensible collection, analysis, prioritization, review, and production of their data. Epiq understands the urgency of the transaction and is committed to providing reliable, proactive, and responsive support so that deadlines are met and deals close on time.
Prioritization, review, and production
Epiq strives to reduce the time and cost of antitrust/competition document reviews and production with the most effective and agency-vetted workflows. Sophisticated data analytics and document prioritization technologies substantially reduce the number of documents that require review and allow the review team to move through the data quickly, accurately, and defensibly. With secure review centers on three continents, on-site capabilities, and experienced document review teams, Epiq can bring significant cost efficiencies to the process.
- Epiq is frequently engaged during preliminary filing phases when critical relationships and workflows are established in advance of high-volume/heavy future activities.
- Epiq offers unmatched speed, scale, and security — we routinely collect from both standard and varied data sources and process, review, and produce terabytes of data globally each month.
- With a track record of hundreds of successful TAR projects, Epiq has been a leader in the growing acceptance and use of TAR. Government agencies know and trust our process and people. Our data, TAR, and document review professionals have up-to-date information about the latest requirements of the various agencies involved.
- Veteran teams of operations and consulting professionals help guide the corporate legal team and their outside counsel with respect to the regulatory disclosure requirements established by agencies such as the Department of Justice (DoJ) and Federal Trade Commission (FTC) by:
- Routinely participating in calls with the agencies during which Epiq TAR workflows are discussed, vetted, documented, and ultimately approved.
- Providing deep knowledge of each agency’s preferences around acceptable TAR workflows, including topics such as the use of search terms, de-duplication, email threading, sampling of excluded documents and difficult production and reporting specifications.
- The Epiq document review team has a sophisticated understanding of particular agencies requirements regarding the content and acceptable formatting of privilege logs.
- Epiq has extensive experience producing data to the Competition Bureau Canada (CCB):
- Epiq offers deep domain expertise around the CCB’s SIR and Section 11 enforcement guidelines.
- Epiq is familiar and compliant with the CCB’s de-duplication, processing, and production requirements, e.g., indexing produced records to the applicable sections of the order/request.
- Epiq regularly participates in calls with the CCB during which processing and production specifications are vetted and agreed upon.
- The Epiq international processing and review centers can handle investigatory requests from the European Union and individual countries:
- The regulatory scheme in Europe is changing quickly, as the EU Commission and individual countries are more aggressively investigating a wide variety of merger activity and company protocols, especially concerning the privacy of users.
- The Epiq project management, TAR and document review teams are placed strategically to effectively navigate these emerging trends.
- Epiq is also adept at managing projects in multiple jurisidictions, to assure a consistent and defensible global approach.
By the numbers
Although the application of TAR tools has significantly reduced the amount of data that must be produced to a regulator, we are able to collect, ingest and process large amounts of data. Our processing volumes are typically 3-5 terabytes, with our largest matters topping 10 terabytes. Processing throughput capacity for a single project is about 4 terabytes per day, with average throughput of 1 terabyte per day.