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Take-Two is preparing to go to court to fight the FTC, which as part of its obligatory merger review is asking for market data and other information the gaming software company has in its files regarding the industry and its competition. The total bill for collecting and compiling the data could exceed $2 million. A federal judge Monday ordered Take-Two to come to court June 24 to explain why so far it has refused to comply with the agency's demands. In typical merger agreements, both the acquirer and the target company frequently are subjected to large-scale information requests from either the FTC or the Department of Justice, known in antitrust parlance as "second requests for information." However, targets of hostile takeovers need not comply with the requests, which are expensive and force companies to turn over confidential data about their businesses and competitors. In Take-Two's case, the FTC has taken the extra step of issuing a civil investigative demand, which is analogous to a subpoena. If the judge upholds it, Take-Two would be required to comply with the agency's information demands. The agency, which wants the information in order to see whether consumers would face a price-hike if the deal does go through, is trying to assess how much overlap there is between EA and Take-Two, especially when it comes to simulated sports games, including basketball, football, hockey and baseball. - Cecile Kohrs Lindell For more, see Tech Confidential Categories Deal Video
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Take-Two Interactive Software Inc. is not only fighting a hostile bid from Electronic Arts Inc. but is also fending off an antitrust investigation from the Federal Trade Commission that was launched as a result of the prospective takeover. 
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