Given the recent surge in merger filings and the Commission’s obligation to protect Americans from illegal transactions, the Bureau of Competition is instituting new process reforms to best to use its limited resources. One of those reforms is that FTC second requests will now require each company under investigation to provide information about how it intends to use eDiscovery tools before it applies those tools to identify responsive materials. Complete and accurate information is critical in any investigation and there are substantial benefits to ensuring up front that eDiscovery processes will identify required information. In addition, this change will more closely align the FTC’s model second request with that of the Department of Justice.

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