Key Provisions of the Model Timing Agreement

Concluding Thoughts

Parties still encouraged to reach out to staff early on in a Second Request investigation to negotiate a timing agreement. The FTC expects that most parties will enter into timing agreements that will conform to the new Model Timing Agreement. But as always, different circumstances will result in deviations from the Model. The Bureau of Competition’s Front Office will review all timing agreements before execution and will consider the justification for any changes or deviations from the Model.  Part of the goal of an effective timing agreement is to facilitate constructive feedback between staff and the parties by creating more certainty about the timing of an investigation.  The new Model allows parties to better anticipate the Bureau of Competition’s expectations in negotiating timing agreements.