International Waivers of Confidentiality in FTC Antitrust Investigations
The FTC encourages parties to merger investigations that are reviewable by foreign competition agencies to consider whether it is in their interest to waive the confidentiality provisions of the Hart Scott Rodino and FTC Acts to the extent necessary to allow FTC and foreign agency staff to coordinate their review of those transactions. A general discussion of the merits of using waivers can be found on the International Competition Network site, as well as in an article by a member of the FTC Office of International Affairs staff. For the benefit of parties who wish to do so, template waiver language, which may be downloaded and incorporated into waiver letters, are found below.
Model waivers for use by parties to proposed mergers also under review in:
Waivers may also be used by third parties who have supplied information that is also protected by the confidentiality laws. Model waivers for use by third parties involved with transactions also under review in: