Antitrust

Business Review Procedure

Although the Attorney General of the State of Ohio is not authorized to give advisory opinions to private parties, the Attorney General has statutory enforcement responsibilities under the antitrust laws of the State of Ohio, Ohio Rev. Code ''109.81-.82, Ohio Rev. Code Chap. 1331, and the federal antitrust laws, 15 U.S.C. ''15, 15c and 26. As such, and in order to inform and educate the business community, and to allow an individual, business, industry group, or other enterprise to plan future business activity that conforms to the antitrust laws, the Attorney General of Ohio, through the Antitrust Section will, in certain circumstances and under specified conditions, review proposed business conduct and state its present enforcement intentions under the antitrust laws.

The guidelines for this business review process are subject to revision and are as follows:

1. REQUEST

A request for a business review letter must be submitted in writing to the Chief of the Antitrust Section, Office of the Ohio Attorney General, 150 East Gay Street, 20th Floor, Columbus, Ohio 43215.

2. PROPOSED BUSINESS CONDUCT

The Antitrust Section will only consider requests with respect to proposed business conduct, which may involve intrastate or interstate commerce. Hypothetical problems will not be considered for review.

3. REVIEW DISCRETION

The Antitrust Section may, in its discretion, refuse to consider a request.

4. APPLICABILITY

A business review letter shall have no application to any party which does not join in the request therefor.

5. OBLIGATION OF REQUESTING PARTY

The requesting party is under an affirmative obligation to make full and true disclosure with respect to the business conduct for which review is requested. Each request should be accompanied by a detailed description of the proposed conduct and all relevant data, including background information, copies of all operative documents, and statements of collateral or oral understandings, if any. All parties requesting the review letter must provide the Antitrust Section with whatever additional information or documents the Antitrust Section may thereafter request in order to review the matter. Such information, if furnished orally, shall be promptly confirmed in writing.

6. REGULATORY REVIEW

Any business review letter issued will state only the Attorney General's present enforcement intentions under the antitrust laws, and shall in no way be taken to indicate the Attorney General's views on legal or factual issues that may be raised where the proposed business conduct is subject to approval, review or regulation by a state or federal agency, commission, department or board. The issuance of a business review letter is not to be represented to mean that the Attorney General believes that there are no anticompetitive consequences warranting a regulatory entity's consideration.

7. ORAL CLEARANCE NOT BINDING

No oral clearance, release or other statement purporting to bind the enforcement discretion of the Ohio Attorney General may be given. The requesting party may rely only upon a written business review letter signed by the Chief of the Antitrust Section or his/her delegate.

8. RESPONSE BY ATTORNEY GENERAL

After review of a request submitted hereunder, the Attorney General, through the Antitrust Section, may:
A. State his present enforcement intention with respect to the proposed business conduct;
B. Decline to pass on the request; or
C. Take such other position as he considers appropriate.

9. COMMITMENT OF ATTORNEY GENERAL

A business review letter shall recite the facts upon which it is issued, and shall state only the enforcement intention of the Attorney General as of the date of the letter and with respect to the facts as recited. The Attorney General remains free to bring whatever action or proceeding he subsequently comes to believe is required by the public interest. As to a stated present intention not to bring an action, however, the Attorney General will not generally exercise his right to bring an enforcement action where there has been full and true disclosure at the time of presenting the request.

10. REQUEST MAY BE WITHDRAWN

Any requesting party may withdraw a request for review at any time. The Antitrust Section remains free, however to submit comments to the requesting party, or take such other action as it deems appropriate.