A week before the hearing, a senior investigator at the commission communicated to the two companies' attorneys a desire to engage in settlement negotiations.
The senior investigator then announced that he would withdraw the referral to “allow the settlement negotiations a fair chance”. He filed a notice of withdrawal, believing the commission was entitled to withdraw the case on the basis that it could be reinstated later if the negotiations did not bear fruit.Following the withdrawal, the contemplated settlement negotiations never took place.
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