Confidentiality Language: Compulsory Disclosures to the DOJ in Merger Investigations | Practical Law
A Standard Clause that may be used by a merging party or third party providing confidential information to the Antitrust Division of the Department of Justice (DOJ) in response to compulsory process, typically a civil investigative demand (CID), during a merger investigation. This Standard Clause discusses when the DOJ can disclose information received in response to a CID, the type of confidential information generally submitted in response to a CID, the return of CID material, the use of confidentiality designations, and when to seek commitment letters. This Standard Clause has integrated notes with important explanations and drafting tips.