Confidentiality Language for Antitrust Submissions
(Second Request Response)


Summary

This Confidentiality Language for Antitrust Submissions (Second Request Response) clause provides confidentiality language you may consider in providing a response to a Second Request from the DOJ or FTC. This clause contains practical guidance and drafting notes. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) conduct merger investigations on a confidential basis and certain confidentiality protections may apply to parties’ submissions. If you make a submission to state or other antitrust authorities, you should note that there may be other confidentiality standards and statutes that may apply. Assertions of confidentiality do not necessarily guarantee confidentiality protection, as there may be a challenge to your confidentiality assertion as being inappropriate for particular materials or circumstances. For more information on complying with a Second Request, see the practice note DOJ/FTC Merger Investigation Process.