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The FTC’s Bureau of Economics is updating its guidance regarding the best practices for submitting data and economic analysis related to antitrust investigations. BE routinely engages in econometric analysis of data obtained from the parties, third parties, and independent data vendors. Similarly, consultants retained by the parties often submit their own quantitative analyses. The importance of empirical analyses to policy decisions means that there are large returns to submitting data and analyses in ways that facilitate understanding.

The updated guidance first lays out a series of recommendations for how outside parties interact with BE and Bureau of Competition staff in order to keep their burdens low while also ensuring that FTC staff have the data necessary to evaluate a given matter. For example, the guidance provides instructions for submitting data, including specific instructions for submitting Sensitive Personally Identifiable Information (Sensitive PII) or Sensitive Health Information (SHI). Separately, the guidance lays out what outside parties can expect from BE staff during the course of an investigation. Finally, the document provides a series of recommendations about how presentations of analytical work may be structured to maximize their potential usefulness.

If you have questions related to a data submission, contact us at

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