The Federal Trade Commission (FTC) recently issued guidance on information sharing while conducting premerger negotiations and due diligence. The FTC is warning companies to employ additional, specific safeguards to competitively sensitive information (CSI) during premerger negotiations. The FTC is threatening to treat the inappropriate disclosure of CSI as so-called “gun jumping” (the term for premature integration, intermingling with, or exercise of control over the target, during the premerger waiting period) and impose significant penalties for non-compliance. Partners from V&E’s antitrust group will provide practical ways to minimize the risks during a premerger while still getting the deal done on time.
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