Since filing the initial pre-merger notification and report form under the Hart-Scott-Rodino Antitrust Act ("H-S-R") on Sept. 11, both parties have had informal discussions with the FTC staff and voluntarily provided additional information concerning the proposed transaction.
Based on the discussions with the FTC, both parties agreed that Shaw, as the acquiring party, will withdraw and re-file its pre-merger notification and report form under H-S-R, which will restart the 30-day time frame for initial review of the transaction. The effect of the withdrawal and re-filing will give the staff additional time to review the information previously submitted before the staff must determine what information, if any, it will formally request. The waiting period for the new filing will expire at 11:59 p.m. on the 30th day after the re-filing is completed, unless earlier terminated by the FTC and the Antitrust Division, or the FTC makes a formal request for additional information prior to the expiration of the waiting period.
Dixie and Shaw remain committed to working cooperatively with the FTC as it conducts its review of the acquisition.