Confidentiality Language: HSR Act Disclosures to Antitrust Agencies | Practical Law
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A Standard Clause discussing the confidentiality of information a transacting party provides to the Federal Trade Commission (FTC) or the Antitrust Division of the Department of Justice (DOJ) under the Hart-Scott-Rodino (HSR) Act. This Clause discusses the types of information disclosed under the HSR Act, including in an HSR filing, in response to a Second Request or voluntary request letter (or access letter), or as part of a white paper, as well as the protections afforded that information, including under the Freedom of Information Act (FOIA). This Standard Clause has integrated notes with important explanations and drafting tips.