New Antitrust Confidentiality Waiver: Proceed With Caution

Law360, New York (October 25, 2013, 4:33 PM EDT) -- In response to the steady expansion of global civil investigations, the Federal Trade Commission and U.S. Department of Justice recently signaled an increasing willingness to disclose confidential information across borders to other enforcement agencies. To facilitate more open information sharing with international agencies, the FTC and DOJ jointly released a revised model confidentiality waiver last month for use in merger and nonmerger civil investigations that involve concurrent review by U.S. antitrust enforcers and non-U.S. competition authorities. Accompanying agency guidance was also released.

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