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U.S. Department of Justice Seal
U.S. DEPARTMENT OF JUSTICE

Antitrust Division

     

FRITO-LAY/EAGLE
60-2096-0002
RWF
DNK
HALE NBH
PTACEK
SWEENEY
ALEXANDER
JONES
CASE
CHRON
ARCHIVE
RF
325 7th Street N.W., Suite 500
Washington, DC 20530



July 11, 1996

[REDACTED TEXT (b7D)]

Dear [REDACTED TEXT (b7D)]

You have indicated that some of the material and information that your client, [REDACTED TEXT (b7D)] has agreed to produce will contain competitively sensitive business information and that your client wants such information to be treated as confidential. In particular, your client has inquired about the treatment of such information under the Freedom of Information Act (FOIA).

Where a voluntary submission of information has been designated in good faith as confidential, the Antitrust Division's policy is to provide confidential treatment for such information. Although we can not guarantee the result of any future litigation, we have in the past successfully prevented disclosure of voluntarily submitted information under the FOIA. See, e.g., Mitsubishi Elec. Corp. v. U.S. Dep't of Justice. 1977-1 Trade Cas. (CCH) \ 61,356 (D.D.C. 1977) (information voluntarily submitted by multinational corporations protected from disclosure under several FOIA exemptions); see also Critical Mass Energy Project v. NRC., 975 F.2d 871, 879 (D.C. Cir. 1992)(leading case on voluntarily submitted business information), cert denied. 113 S. Ct. 1579 (1993). Your client should also be aware that if we receive a FOIA request covering what has been designated confidential business information and we determine we are required to disclose that information, we are required to notify the company that submitted the information so that it may object. See 28 C.F.R. 16.7. Similarly, should we find ourselves in litigation and in receipt of a discovery request covering materials that have been designated confidential business information, we will notify the submitting company so that it may seek a protective order.

I hope that this information is helpful to your client. We look forward to receiving the materials that we requested in the telephone interview on June 10, 1996. Please feel free to call me if you have any other questions.

Sincerely,

__________/s/__________
Nina B. Hale


United States Department of Justice

Antitrust Division
Transportation, Energy and Agriculture Section
325 Seventh Street, N.W., Suite 500
Washington, DC 20004
Fax Number: (202)616-2441 or 307-2784
Voice Number: (202)307-0892
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The information contained in this facsimile is government privileged and confidential information intended only for the use of the addressee(s) listed on this coversheet. If the reader of this message is not the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of the telecopy is strictly prohibited. If you have received this facsimile in error, please immediately notify the sender at the telephone number listed on this coversheet and the original facsimile must be returned via the United States Postal Service to the address above. Thank you.

FAX COVER SHEET

DATE: July 19, 1996

TO: Mark Schechter, Esq.

of: Howrey & Simon

Fax Number: 202-383-6610

FROM: Nina B. Hale

Pages Sent (including this sheet): 3

Remarks: