Purchase Agreement: Competitively Sensitive Information Provision | Practical Law
A Standard Clause to use when merging parties want to enable the exchange of competitively sensitive information without creating antitrust liability. This Standard Clause discusses the antitrust laws that may be violated by the exchange of competitively sensitive information, including Section 1 of the Sherman Act, Section 5 of the FTC Act, and the Hart-Scott-Rodino (HSR) Act. This Standard Clause has integrated notes with important explanations and drafting tips.