Sec. 02.04.02.09. Effect of Business Review Letter

A. A business review letter shall recite the facts upon which it is issued, and shall state only the enforcement intention of the Attorney General with respect to the facts as recited. The Attorney General remains completely free to bring whatever action or proceeding the Attorney General subsequently comes to believe is required by the public interest.

B. A business review letter issued shall state only the Attorney General's present enforcement intentions under the antitrust laws, and may not in any way be taken to indicate the Attorney General's views on legal or factual issues that may be raised when 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.