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FTC & DOJ Release Updated Model Confidentiality Waiver For Use in Cross-Border Investigations

Daniel E. Shulak

Daniel E. Shulak,

New York

Joseph G. Krauss

Joseph G. Krauss,

Washington, D.C.

Robert F. Baldwin, III

Robert F. Baldwin, III,

Washington, D.C.

01 October 2013

gavelOn 25 September 2013, the Federal Trade Commission (FTC) and Department of Justice’s Antitrust Division (DOJ) issued an updated joint model waiver of confidentiality for use by parties in cross-border merger and civil non-merger investigations. The model waiver outlines the terms under which a party subject to a multi-jurisdictional investigation may waive its confidentiality protections in order to facilitate the sharing of confidential information between U.S. and non-U.S. competition authorities. In addition, the agencies released a set of Frequently Asked Questions (FAQ) touting the benefits of signing such a waiver, outlining the process for submitting it, and detailing the protections afforded to the confidential information.

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Daniel E. Shulak

Daniel E. Shulak,

New York

Joseph G. Krauss

Joseph G. Krauss,

Washington, D.C.

Robert F. Baldwin, III

Robert F. Baldwin, III,

Washington, D.C.

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