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Recommendations on the application of a waiver of confidentiality in the process of considering global mergers and acquisitions

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In March 2019, the FAS Russia Presidium published the Recommendations on the use of waivers while considering global mergers and acquisitions (M&As). The Recommendations were prepared jointly with leading lawyers and experts, the Association of Antimonopoly Experts and the Eurasian Antimonopoly Association. The model recommendations on the application of a waiver of confidentiality in the process of considering global M&As are aimed at developing the unified practice of using this mechanism by the FAS Russia when interacting with the competition authorities of other countries and the parties to the M&A. The Recommendations contain information regarding the mechanism for the use of a waiver by the FAS Russia when considering global transactions. In addition, the Recommendations contain annexes such as a letter template to the FAS Russia on requesting a waiver and a model waiver itself, on which companies could base the requested waivers.

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