Policy · Mergers & Acquisitions / Private Equity

Clean team protocol for a competitor acquisition

A protocol for a deal between competitors: who may see current competitively sensitive information, what they may use it for, and what must not happen before completion.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
Australia
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when the buyer and the target compete, before due diligence starts, and keep it in place until completion. It sits on top of the confidentiality deed. It is not a substitute for ACCC notification.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may sort data-room documents into the clean-team and ordinary folders from the lawyer's categories, and list people against the protocol; the lawyer decides what is competitively sensitive and who may see it.

AI may

  • Tag documents against the categories the lawyer has marked as clean-team only
  • List named clean-team members and flag a person who is also in a pricing, sales or bidding role
  • Compare a proposed integration step with the prohibited list in this protocol

AI must not

  • Must not decide that information is not competitively sensitive
  • Must not put a person who sets prices or bids into the clean team
  • Must not summarise clean-team information back to the commercial team in a form that reveals current prices, customers or bids

The lawyer checks

  • The clean team is limited to people who are not involved in commercial decisions, as the ACCC fact sheet describes that practice
  • The protocol forbids coordination of prices, customers, bids or marketing before completion
  • Disclosure is limited to what due diligence and integration planning actually require
  • A notifiable acquisition is not completed, and the businesses are not integrated, before ACCC approval or a waiver

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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