Anti-Trust

Anti-Trust

Where the parties to an NDA are competitors, it may be useful to make a record via the NDA confirming that the parties have considered and addressed potentially anti-competitive behavior:

Exemplar N2-1

Each Party hereby acknowledges that the exchange of certain information, such as Commercially Sensitive Information, may in certain circumstances and in certain jurisdictions constitute a violation of competition laws. Accordingly, the Recipient agrees to (i) consider in coordination with the Discloser the applicable competition laws in the context of the exchange of any information under this Agreement, and (ii) wherever it is relevant, and before exchanging the related information, define detailed terms and conditions regarding the treatment of the Commercially Sensitive Information in these jurisdictions, including but not limited to limitation on access to the Commercially Sensitive Information (such as the persons who may have access to Commercially Sensitive Information) and establishment of appropriate firewall(s) within the organization of each Party, if necessary.