FTC and DOJ Issue Updated Joint Model Waiver of Confidentiality | Practical Law

FTC and DOJ Issue Updated Joint Model Waiver of Confidentiality | Practical Law

The FTC and DOJ released a joint model waiver of confidentiality for international civil matters, replacing the agencies' previous waiver forms.

FTC and DOJ Issue Updated Joint Model Waiver of Confidentiality

Practical Law Legal Update 6-543-2425 (Approx. 3 pages)

FTC and DOJ Issue Updated Joint Model Waiver of Confidentiality

by Practical Law Antitrust
Published on 25 Sep 2013 • USA (National/Federal)
The FTC and DOJ released a joint model waiver of confidentiality for international civil matters, replacing the agencies' previous waiver forms.
On September 25, 2013, the FTC and DOJ announced the issuance of a joint model waiver of confidentiality, replacing the agencies' prior waiver forms. Individuals and companies may choose to waive statutory confidentiality protections when simultaneously involved in merger review or civil non-merger matters before both US and non-US antitrust authorities.
The model waiver is intended to streamline the waiver process, therefore:
  • Significantly reducing the burden of negotiating waivers on individuals and companies.
  • Reducing the US antitrust agencies' resources devoted to negotiating waivers.
Confidentiality waivers:
  • Are voluntarily submitted by an individual or company involved in a civil matter to the US antitrust agency that originally received its confidential information.
  • May lead to expedited review of the civil matter.
  • Allow the antitrust authorities listed on the waiver to freely share confidential information so that they may:
    • make more informed and consistent decisions; and
    • coordinate more effectively.
In conjunction with the model waiver, the FTC and DOJ released a Frequently Asked Questions document.