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Saturday, February 07, 2009 12:44:10 AM
I would think any lawsuit would be with the party with whom the NDA was signed, presumably InBev, but it would probably be hard to prove it was KPS or High Falls that provided the information. In any event, I'm not sure how identifying them as "the likely buyer" would help their cause, and as you point out, could hurt them. Assuming the article wasn't created by KPS or High Falls for some purpose of their own, I'd think the phrase "likely buyer" means either they are the only bidder, or that someone involved in the negotiation, either through InBev or the government, provided that information to a reporter.
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