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Apr 05, 2018

FTC Warning: Don’t Overshare in Pending Deals

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The Federal Trade Commission (FTC) has recently re-emphasized the potential risks of antitrust violations stemming from the exchange of competitively sensitive information during pre-merger negotiations and due diligence. Although the FTC recognizes the legitimate need for sharing and accessing detailed information about a company for the purposes of an M&A transaction, they cautioned that the exchange of competitively sensitive information such as pricing information, strategic plans and costs has to follow appropriate procedural safeguards, and noted enforcement actions when the parties did not comply with them.

Read full memo.

Authors and Contributors

George Casey

Partner

Mergers & Acquisitions

+1 212 848 8787

+1 212 848 8787

New York

Scott Petepiece

Partner

Mergers & Acquisitions

+1 212 848 8576

+1 212 848 8576

New York

Robert Katz

Partner

Mergers & Acquisitions

+1 212 848 8008

+1 212 848 8008

New York

Robert Masella

Partner

Mergers & Acquisitions

+1 212 848 5125

+1 212 848 5125

New York

Jessica K. Delbaum

Partner

Antitrust

+1 212 848 4815

+1 212 848 4815

New York

Richard Fischetti

Partner

Mergers & Acquisitions

+1 212 848 5179

+1 212 848 5179

New York