US Antitrust Authorities Release “Model Confidentiality Waiver” to Enable Greater Cross-Border Cooperation in Merger Control and Antitrust Investigations

In response to the steady expansion of worldwide antitrust investigations on “civil” (i.e., non-criminal) matters – whether in the context of merger control or of investigations into cartels and anti-competitive activities – the two principal US antitrust enforcement agencies, the Federal Trade Commission (FTC) and the Department of Justice (DOJ), have recently signalled an increased willingness to disclose confidential information across borders to other antitrust and competition authorities in the world.