Third Party Declaration Form

Summary

The antitrust authority reviewing a transaction and/or the merging parties may request a written sworn statement (known as a declaration or affidavit) from a third party to assist with their case. In some instances, the antitrust authorities may be willing to accept a sworn statement from a company employee on certain matters, in lieu of providing some documents or data that are ordinarily requested of third parties during the investigation process. Similarly, if an antitrust authority seeks to enjoin the transaction through litigation, it is possible that it or the parties may seek a sworn statement from third parties to bolster its arguments. This template provides a sample declaration that outlines the topics that an antitrust authority or merging parties may want to address in a sworn statement. Third-party statements in antitrust investigations typically cover information about the third party’s business and industry. However, the details and competition issues vary considerably. Thus, the particular topics and facts addressed in the statement for each merger will differ, therefore, this template should is for illustrative purposes only. Third parties should confer with their counsel when considering agreeing to submit a sworn statement in a government antitrust investigation. This template includes practical guidance and drafting notes.