Comprehensive FTC Records on Roivant Sciences and NovaQuest Capital Management
| Tracking # |
FOIA Request No. 2024-00495 FOIA-2024-00495 |
| Submitted | Jan. 12, 2024 |
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Communications
From: Jordan Lassiter
Jordan Lassiter
Email: Jordan@Lassiter.eu
January 12th, 2024
Federal Trade Commission
Office of the Secretary
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: foia@ftc.gov
ATTENTION: COMPREHENSIVE FOIA REQUEST FOR RECORDS
Dear FTC FOIA Officer,
I am submitting this request under the Freedom of Information Act (5 U.S.C. § 552) for records related to Roivant Sciences and its interactions, transactions, or regulatory matters involving NovaQuest Capital Management. This request is prepared with precise detail to ensure thorough understanding and compliance.
Requester: Jordan Lassiter, Jordan@Lassiter.eu
Subject: Request for Comprehensive FTC Records on Roivant Sciences and NovaQuest Capital Management
Specific Records Requested:
Merger and Acquisition Records: Documents related to mergers, acquisitions, joint ventures, or any form of business combination involving Roivant Sciences and NovaQuest Capital Management.
Antitrust Investigations: Records of antitrust investigations, reviews, or inquiries into transactions or agreements between Roivant Sciences and NovaQuest Capital Management.
Consumer Protection Inquiries: Information regarding consumer protection issues, complaints, or actions related to products or services from collaborations between Roivant Sciences and NovaQuest Capital Management.
Regulatory Correspondence: All correspondence and communications between the FTC and Roivant Sciences or NovaQuest Capital Management regarding regulatory matters, antitrust concerns, or consumer protection issues.
Complaints and Enforcement Actions: Records of any complaints filed against Roivant Sciences or NovaQuest Capital Management and subsequent FTC actions or responses.
Advisory Opinions and Guidance: Any advisory opinions or guidance provided by the FTC to Roivant Sciences or NovaQuest Capital Management concerning their business practices or proposed transactions.
Market Analysis and Research: FTC-generated market analyses or research reports that reference Roivant Sciences or NovaQuest Capital Management, particularly in the context of pharmaceutical industry competition and consumer impact.
Settlement Agreements and Consent Decrees: Copies of any settlement agreements or consent decrees involving Roivant Sciences or NovaQuest Capital Management with the FTC.
Legal Basis and Rationale:
Public Interest & Transparency: Detailed information on Roivant Sciences and NovaQuest Capital Management's business practices and regulatory compliance is crucial for public understanding and market transparency.
Accountability: Comprehensive records are essential for assessing the FTC’s regulatory oversight and the adherence of these entities to competition and consumer protection laws.
Fees and Costs:
Fee Waiver Request: Enclosed is a Fee Waiver Request Letter, citing the public interest nature of this inquiry.
Cost Limitation: Please notify me in advance if costs are expected to exceed $200, along with an itemized cost breakdown.
Enclosures: Fee Waiver Request Letter (Fee_Waiver_Letter_copy_1.pdf).
Intended Use of Information:
The requested information is for the purpose of public interest, focusing on market competition, regulatory compliance, and consumer protection implications of the activities of Roivant Sciences and NovaQuest Capital Management, and is not for commercial use.
Acknowledgment Requested:
Please acknowledge this request and provide a tracking number.
I expect a complete and timely response as per the requirements of federal law under the FOIA.
Sincerely,
Jordan Lassiter
From: Federal Trade Commission
Hello,
Thank you for submitting your Freedom of Information Act (FOIA) request to the Federal Trade Commission (FTC). Someone from our office will reach out to you as soon as possible regarding the status of your request.
Sincerely,
The FTC FOIA Unit
From:
---------- Forwarded message ----------
From: Hill, Kristin Burr < khill2@ftc.gov> (mailto:khill2@ftc.gov)
Date: On Tue, Jan 23, 2024 at 09:22
Subject: Fw: FOIA 2024-00495 Final Response
To: jordan@lassiter.eu < jordan@lassiter.eu> (mailto:jordan@lassiter.eu)
Cc:
Hello,
Please see the attached final response to your FOIA request.
Best,
Kristin Kristin Burr Hill (she/her) General Attorney | Federal Trade Commission
Office of the General Counsel, FOIA
600 Pennsylvania Avenue NW
Washington, DC 20580
(202) 326-3457 | khill2@ftc.gov
From:
Jordan Lassiter
c/o MuckRock News
DEPT MR 157231
263 Huntington Avenue
Boston, MA 02115
Email: requests@muckrock.com
January 23, 2024
Freedom of Information Act Appeal
Office of the General Counsel
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: FOIAAppeal@ftc.gov
cc:khill2@ftc.govHill, Kristin Burr <khill2@ftc.gov>
Re: FOIA Appeal – FOIA-2024-00495
Dear Acting Assistant General Counsel Kappler,
I am writing to appeal the response to my Freedom of Information Act request dated January 12, 2024 (FOIA-2024-00495), as provided by the Federal Trade Commission (FTC).
1. Challenge to the Application of Exemption 7(A): The FTC’s response cites Exemption 7(A) of the FOIA (5 U.S.C. § 552(b)(7)(A)), which concerns records or information compiled for law enforcement purposes. However, as per Department of Justice v. Reporters Committee, 489 U.S. 749 (1989), the application of this exemption requires more than a mere assertion. There must be a demonstrable risk of interference with law enforcement proceedings. I contend that the FTC has not adequately demonstrated how acknowledging the existence of records would specifically and materially interfere with enforcement proceedings.
2. Addressing Exemption 3 and 15 U.S.C. § 18a(h): Regarding the use of Exemption 3 (5 U.S.C. § 552(b)(3)) in conjunction with 15 U.S.C. § 18a(h), it is crucial to distinguish between the existence of records and their content. While the content may be protected, confirming the existence of any records does not necessarily reveal protected information. This distinction was upheld in Wilner v. NSA, 592 F.3d 60 (2d Cir. 2009), where the court differentiated between acknowledging records and disclosing their contents.
3. Public Interest Consideration: Furthermore, I argue that releasing the requested information serves a significant public interest. The Supreme Court in Department of Justice v. Reporters Committee, 489 U.S. 749 (1989), recognized the public's interest in understanding government operations and activities. Information about Roivant Sciences, its interactions, and regulatory matters involving NovaQuest Capital Management is of considerable public interest due to their potential impact on market competition and consumer welfare.
Conclusion: I respectfully request that the FTC re-evaluate the application of exemptions in light of these legal precedents and considerations. Please include a detailed justification if any portion of the request remains denied after this appeal.
I appreciate your attention to this matter and look forward to your response.
Sincerely,
Jordan Lassiter
From: Federal Trade Commission
Dear Jordan Lassiter:
Please see attached our response to your appeal.
Spencer LaFata
Paralegal Specialist
Office of the General Counsel | Federal Trade Commission
600 Pennsylvania Avenue NW, Washington, D.C. 20580
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