Competitor Information Sharing in Joint Ventures and Mergers: Minimizing Antitrust Risks

The substance and extent of information that can be shared among competitors in the context of a merger or joint venture is an area of continuing concern for businesses. If the sharing of competitor information is not handled appropriately, companies may face antitrust liability.

Recent litigation and government actions worldwide provide lessons on the proper parameters of information sharing when a company contemplates a merger or other business relationship with a competitor. Case law also provides guidance on avoiding gun-jumping and other violations during pre-merger due diligence.

Joint ventures often involve the sharing of technology, processes, pricing and other sensitive information. The parties must carefully define the parameters of the relationship and the use of such information to ensure that regulators or the courts don't find the joint venture to be anti-competitive.

Listen as our authoritative panel of antitrust attorneys examines competitor information sharing in mergers and other competitor collaborations, traps to avoid, and lessons and guidance from court and agency actions. The panel will outline best practices for competitor businesses to avoid violating antitrust laws and regulations.

1. Information sharing in the pre-merger context: avoiding gun-jumping
   1. Specific applications during due diligence and transition planning; joint marketing; transaction documentation; meetings of executives
   2. Guidelines and best practices
2. Information sharing among competitors
   1. Overview of applicable law
   2. Risks of competitive information exchanges
   3. Specific applications: benchmarking, trade associations and standard setting
   4. Guidelines and best practices
3. Lessons from recent developments at antitrust agencies and private litigation

The panel will review these and other noteworthy issues:

• What are the principal activities that merging parties and competitive collaborators should avoid?
• What guidance do recent court decisions provide for competitor joint ventures?
• What safeguards should companies implement to prevent sharing information that will violate antitrust law?