Appendix H. Form new York Letter Confidentiality Agreement in an Antitrust Non-merger Investigation

• Pages: 355-358

355

APPENDIX H

FORM NEW YORK LETTER CONFIDENTIALITY

AGREEMENT IN AN ANTITRUST NON-MERGER

INVESTIGATION

[date]

By Facsimile and UPS Express

Re: [] investigation

Dear [ ]:

This letter sets forth our agreement regarding the treatment of certain

documents and information that _____________________ (“Entity”)

asserts are confidential (“Confidential Matter”), which Entity produced

to this office in response to a subpoena, dated June 19, 2002, pursuant to

N.Y. Gen. Bus. Law § 343 (the “investigation”).

1. Entity shall identify in writing to us by Bates number those

documents and information previously produced, which it now wishes to

designate as Confidential Matter. As to any subsequent production to us,

Entity shall stamp the word “confidential” on each document or item of

information produced to this office, which Entity seeks to designate as

Confidential Matter. The documents or information designated as

Confidential Matter shall be limited to material containing pricing,

financial, marketing, planning, or cost information of Entity that is not

made generally available to persons outside of Entity.

2. Except as provided in this agreement or as otherwise required by

law, this office shall not disclose to any third party any Confidential

Matter. For purposes of this agreement unless the context requires

otherwise:

(a) “Disclose” and “disclosure” of any Confidential Matter pursuant

to the terms of this agreement: (1) may include providing a copy to

the person to whom disclosure is made; and (ii) shall not include

delivery of Confidential Matter by this office to a copying service for