MODEL RECOMMENDATIONS on the application of a waiver of confidentiality in the process of considering global mergers and acquisitions by the CIS members

In September 2019, the Interstate Council for Antimonopoly Policy (ICAP) adopted the Model Recommendations on the application of a waiver of confidentiality in the process of considering global mergers and acquisitions by the CIS members.

The Model Recommendations on the use of a waiver by the CIS states are aimed at applying a uniform approach to the use of the waiver mechanism within the framework of regional associations, member of which is Russia. The CIS Model Recommendation determine the principles and mechanisms of applying confidentiality waiver as well as the nature and conditions of confidentiality waiver used by the Competition Authorities of the CIS members while considering global mergers.

Since 2018, the Competition Authorities of the CIS members drafted the joint document accumulating the best international practices in this sphere. Besides, the Model Recommendations were largely based on the Recommendations of the FAS Russia Presidium on the application of a waiver of confidentiality in the process of considering global mergers and acquisitions.