By Tim Haney (June 27, 2022, 6:26 PM EDT) — This article provides tips for managing the exchange of competitively sensitive information during merger discussions and negotiations. Managing these risks are especially important during the pendency of the antitrust review.
Competitively sensitive information is typically nonstale, nonpublic and disaggregated. There is less risk in sharing historical, public or aggregated information.
This article was excerpted from Exchanges of Competitively Sensitive Information, which has more information on how to identify competitively sensitive information.
For tips on how to navigate information sharing risks in joint ventures, see Joint Venture Antitrust Considerations.
Here are eight tips for managing pre-merger information exchanges:
1. Enter into NDAs….