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Extract to table / letter-ftc-meet-and-confer.docx
letter-ftc-meet-and-confer.docx
Parties
HARKNESS LLP
Cascade Retail Holdings Inc
Defendant Cascade Retail Holdings Inc
Tanaka LLP
Defendant Pinnacle Market Group Inc
Peck LLP
Vertex Commerce Inc
Nomad Shops LLC
Dates
July 21, 2025
July 7, 2025
July 18, 2025
August 4, 2025
August 11, 2025
August 18, 2025
September 8, 2025
May 7, 2025
June 10, 2025
July 28, 2025
Amounts
$340
$195
$145
Obligations
As discussed in detail below, those responses contain sweeping objections, materially incomplete answers, and significant gaps in the FTC's document production that must be resolved immediately in light of the compressed litigation schedule in this matter
First, the law-enforcement investigative privilege is a qualified privilege that must yield when the need for the information outweighs the government's interest in non-disclosure
These are potential witnesses at the September 8, 2025 evidentiary hearing, and Defendants must have adequate time to identify, investigate, and, where necessary, depose such witnesses before the close of fact discovery
2001), and the Section 13(b) preliminary injunction standard, the court is required to weigh the equities, including the potential procompetitive benefits of the merger
If the FTC's own staff analysis concluded that the parties' efficiency projections were cognizable, verifiable, and merger-specific — or if the FTC's staff disagreed about the magnitude or likelihood of claimed efficiencies — that evidence is highly probative and must be disclosed
The FTC must, at a minimum, identify the facts it considered — i