Center for Digital Democracy (CDD) said it had filed Freedom of I...

Center for Digital Democracy (CDD) said it had filed Freedom of Information Act (FOIA) request to learn more about planned merger review clearance process involving FTC and Justice Dept. (DoJ). Proposed agreement, which was delayed after Sen. Hollings (D-S.C.) raised questions, would give DoJ review authority over all media mergers, including Internet, cable, telecom and software. FTC still would review computer hardware mergers. Many consumer advocacy groups, including CDD, were upset by proposed agreement because they felt FTC had more knowledge and experience with consumer and free speech issues associated with media mergers. Secretive manner in which agreement was reached -- at least 2 FTC commissioners said they didn’t know about negotiations between FTC and DoJ until shortly before FTC Chmn. Timothy Muris planned to announce agreement -- also was concern for many advocacy groups. “CDD has grave concerns about how such a decision was reached without public awareness, including Congressional oversight,” CDD said. In its FOIA request, CDD sought reports, letters, memoranda and e-mails related to the negotiation. It also named several private attorneys. CDD, along with other consumer groups, has raised questions about the influence of private attorneys in development of the agreement. The FOIA request includes any communication between FTC and DoJ staff and attorneys Joe Sims, Steven Sunshine, Kevin Arquit and Bill Baer. CDD Exec. Dir. Jeff Chester said his organization would “aggressively pursue” matter and continue to query govt. officials about proposed agreement. He also said he didn’t expect any redaction of information requested under FOIA. “Unless they were talking about the price of AOL or Enron stock, I don’t see what they would have to hide,” Chester said. “We want to ensure that the public understands how and why this plan was put together.” DoJ staff is expected to meet this week on agreement with Senate commerce and appropriations committee staffers. Hollings spokesman said 2 groups met last week, but follow-up session was needed because DoJ couldn’t answer several questions posed by congressional staff.