FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 1 of 56 * PUBLIC *; 

 

 

 

 

 

 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Intuit Inc., a corporation. Docket No. 9408 

RESPONDENT INTUIT INC.’S SECOND MOTION FOR 

IN CAMERA TREATMENT OF CERTAIN TRIAL EXHIBITS 

Pursuant to 16 C.F.R. §3.45(b), the First Revised Scheduling Order, and this Court’s 

March 1, 2023 Order, Respondent Intuit Inc. respectfully moves for in camera treatment of 

confidential and competitively sensitive information on Complaint Counsel’s and Intuit’s final 

proposed exhibit lists. 

Pursuant to the Court’s order, see Order on Resp.’s Mot. for In Camera Treatment (Mar. 

1, 2023), Intuit has undertaken a comprehensive re-review of the 316 exhibits that were not 

previously granted in camera status. Based on that assessment, Intuit has withdrawn its request 

for in camera treatment for 153 of 316 documents included in the prior motion and has further 

tailored proposed redactions for certain documents that were previously sought to be withheld in 

full. 

As directed by the March 1 Order (at 2), Intuit has withdrawn its initial request for in 

camera treatment of 17 deposition and investigational hearing transcripts, and further refined its 

proposed redactions to the remaining 4 transcripts to ensure only specific discussions of highly 

confidential information are protected from public disclosure. Intuit also has significantly 

reduced from 163 to 42 the number of documents more than three years old (for which it seeks in 

camera treatment. Consistent with the March 1 Order (at 2), the remaining pre-2020 documents 

1 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 2 of 56 * PUBLIC *; 

 

PUBLIC

each contain competitively sensitive information, trade secrets, and business metrics that is still 

pertinent to Intuit’s current business operations that, if disclosed, would cause serious 

commercial injury to Intuit. See Decl. of Jack Rubin (“Updated Rubin Decl.”) ¶14. 

In addition to the documents included in Intuit’s first motion for in camera treatment, 

Intuit seeks in camera treatment of 44 of the 459 documents that have been designated by the 

parties as exhibits since the previous motion. 

Intuit also seeks in camera treatment of a small number of documents directly related to 

exhibits for which the Court has already granted in camera status. Intuit has designated as RX 

384-A and 385-A two exhibits to confidential agreements that were already granted in camera 

treatment because they contained confidential consumer information—RX 384 and RX 385. 

Further, Intuit has included additional AAA customer arbitration releases in the compendium 

designated at RX 386, which the Court granted in camera treatment because they disclosed 

confidential customer information. Intuit requests that these incremental documents be granted 

in camera treatment consistent with the Court’s March 1 Order. 

For the reasons set forth in the accompanying Updated Rubin Declaration, in camera 

treatment of the exhibits identified herein is necessary to avoid public disclosure of Intuit’s 

confidential information that, if disclosed, would give Intuit’s competitors an unfair competitive 

advantage and cause serious competitive and financial injury to Intuit. 

I. ARGUMENT 

At the Court’s instruction, the Updated Rubin Declaration explains, in greater detail, why 

each of the documents for which Intuit seeks in camera treatment contain confidential and 

competitively sensitive information that, if disclosed, would cause serious competitive and 

financial injury to Intuit. See Updated Rubin Decl. ¶¶4,7, 14-46. Intuit has endeavored to limit its 

request for in camera treatment to only those exhibits or portions of exhibits that reveal Intuit’s 

2 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 3 of 56 * PUBLIC *; 

 

 

 

 

 

 

 

 

PUBLIC

confidential and proprietary information with sufficient specificity that their public disclosure 

would cause serious competitive and financial injury to Intuit. Id. ¶¶4-14.1 

Each of the documents for which Intuit seeks in camera treatment are non-public, 

confidential, and are not widely distributed within the company. Updated Rubin Decl. ¶¶5, 14-46. 

Because their public disclosure would cause serious injury to the company, Intuit limits access to 

these documents within the company to only those individuals who need to know the information 

to perform their duties. Updated Rubin Decl. ¶5. Thus, although Intuit regularly uses PowerPoint 

presentations to develop and document its confidential business, regulatory, and marketing 

strategies, it strictly limits access to these documents. Id. ¶10. Accordingly, that an Intuit business 

plan is formatted as a presentation, memorandum, or other commonly shared format does not 

indicate that it was disseminated beyond those with a need to know the information contained 

therein. See id. ¶5. 

A. Trade Secrets and Product Development 

Intuit seeks in camera treatment of 64 documents that contain detailed information 

regarding Intuit’s trade secrets or product development plans, which are non-public, confidential, 

and critical to Intuit’s business operations and success.2

 Intuit’s trade secrets and product 

development plans reveal the specifics of how Intuit plans, develops, deploys, and evaluates new 

products and features for TurboTax. Updated Rubin Decl. ¶¶19, 23, 28, 33, 38. These 

documents also reveal how Intuit tracks customer engagement with and profitability of its 

product offerings, as well as how it assesses the success of its marketing strategy. Id. These 

records include detailed descriptions of specific customer segments that Intuit believes use or 

1 Where Intuit seeks partial in camera treatment, it has identified those portions in yellow 

highlighting in the exhibit copies submitted with this Motion.

2 The number of exhibits provided in Sections A-G include documents that pre-date 2020, which 

are also addressed in Section H. 

3 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 4 of 56 * PUBLIC *; 

 

 

 

 

PUBLIC

may be likely to use TurboTax, analyses of Intuit’s efforts to develop new products and features 

to attract such customers, and discussions of the expected and actual financial impact of these 

product development decisions. Updated Rubin Decl. ¶¶19, 28, 33, 38. Were these trade secrets 

and product development plans publicly disclosed, Intuit’s competitors would have direct insight 

into Intuit’s strategic decision-making regarding its planning, development, and implementation 

of critical features and functionalities in TurboTax. Updated Rubin Decl. ¶¶19, 23, 28, 33. 

Competitors could use Intuit’s trade secrets to adjust their own competitive strategies to undercut 

Intuit’s TurboTax business thereby weakening Intuit’s competitive standing in an already highly 

competitive market, which could result in the potential loss of portions of Intuit’s customer base. 

Id. To prevent serious competitive injury to Intuit, Intuit requests in camera treatment of its 

trade secrets and products development plans for 10 years. See Altria Grp., 2021 WL 2258803, 

at *2 (F.T.C. May 19, 2021). 

B. Financial Data 

Intuit seeks in camera treatment of 64 documents that contain confidential financial data. 

Intuit’s documents in this category disclose detailed, confidential information about Intuit’s 

revenues sources, expenses, profits, losses, and other financial metrics that are not publicly 

reported. Updated Rubin Decl. ¶¶15, 21, 25, 30, 34. This information includes customer usage 

data related to TurboTax products, as well as financial projections, and the metrics and methods 

Intuit uses to make those projections. Id. For instance, the information in these documents 

reveals Intuit’s confidential revenue and customer targets and details Intuit’s financial strategies 

for years into the future. See id. ¶21. That information directly relates to Intuit’s growth strategy 

and details financial metrics that are critical to Intuit’s business model, and Intuit utilizes this 

information to maintain its competitive standing. See id. ¶¶15, 21, 25, 30, 34. If this information 

were publicly disclosed, competitors would obtain an unfair competitive advantage and be able 

4 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 5 of 56 * PUBLIC *; 

 

 

 

 

 

 

PUBLIC

to undermine or counteract Intuit’s confidential strategies. Id. ¶¶15, 21, 25, 30, 34. For instance, 

competitors could use the confidential information to identify segments of Intuit’s customer base 

to target or develop products that undermine Intuit’s confidential business strategies. Id. ¶15. 

Because the disclosure of confidential financial data would cause a clearly defined, serious injury 

to Intuit, Intuit requests in camera treatment of this information for five years. See Altria Grp., 

2021 WL 2258803, at *5. 

C. Sales and Marketing Strategy 

Intuit seeks in camera treatment for 140 documents relating to Intuit’s sales, marketing, 

and advertising strategies. These documents reveal Intuit’s confidential strategies for marketing 

its products and the information underlying those strategies, including how Intuit measures and 

assesses the success of such strategies in driving customer engagement and use of its products. 

Updated Rubin Decl. ¶¶17, 22, 27, 32, 37. For example, Intuit seeks in camera treatment of 

confidential data on audience size and customer engagement about specific advertisements and 

advertising campaigns because such data reveals how Intuit deploys its marketing resources, 

including information about both the target audience and whether Intuit was successful in 

reaching that target audience by airing the advertisements at the time and placed identified.3 Id. 

¶17. For example, as the Court will learn at trial, Intuit targets marketing for its specific SKUs to 

audiences most likely to qualify for those SKUs. Were the details released, Intuit’s competitors 

would gain improper insight into Intuit’s marketing strategies and decision-making regarding 

new and existing customer outreach, allowing those competitors to better position their own 

products to compete against Intuit’s marketing efforts and to effectively copy Intuit’s industry3

 Based on the Court’s March 1 Order, Intuit seeks only in camera treatment of the portions of 

the documents that are confidential. For example, while Intuit previously moved for full in 

camera treatment of GX 431, which includes (TRPs), Intuit now seeks partial in camera 

treatment of this exhibit. 

5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 6 of 56 * PUBLIC *; 

 

 

 

 

 

PUBLIC

leading strategies. Id. ¶¶17, 22, 27, 32, 37. For example, were a competitor able to discern from 

these records the specific target audiences Intuit chooses to market its products to, they could 

coopt, dilute, or directly respond to those marketing campaigns both in the immediate term and 

over the longer-term. Id. ¶¶17, 22. Because disclosure of this information would place Intuit at 

a severe competitive disadvantage, causing Intuit serious competitive harm, Intuit respectfully 

request in camera treatment of these documents containing sales and marketing strategy for five 

years. See Benco Dental Supply Co., 2018 WL 5292624, at *4 (F.T.C. Oct. 11, 2018). 

D. Pricing and Pricing Strategy 

Intuit seeks in camera treatment of 22 documents that reveal information about Intuit’s 

non-public pricing strategy, including internal analyses of customer demographics and buying 

patterns. Updated Rubin Decl. ¶¶16, 26, 31, 35. Confidential information relating to Intuit’s 

prices and pricing strategies warrants in camera treatment. See, e.g., 1-800 Contacts, 2017 FTC 

LEXIS 55, at *4-5. While the actual prices (or in the case of TurboTax Free Edition, the lack of 

any price charged for that “truly free” product) charged by Intuit for its various products are not 

confidential, were the company’s strategic decision-making about its pricing models made public 

it would give Intuit’s competitors improper insight into how the company develops its pricing 

strategy and how Intuit uses pricing as an aspect of its confidential marketing strategies to more 

effectively market its products to key customer segments. Updated Rubin Decl. ¶¶16, 26, 31, 35. 

Competitors could use this information to undermine or preempt Intuit’s pricing and marketing 

strategies, impeding Intuit’s ability to successfully grow its customer base and ultimately causing 

competitive and financial injury to the company. Id. ¶¶16, 26, 31, 35. Intuit respectfully 

requests that this Court grants in camera treatment for documents in this category for five years. 

6 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 7 of 56 * PUBLIC *; 

 

 

 

 

 

 

 

 

 

 

PUBLIC

E. Business Strategy/Strategic Initiatives 

Intuit requests that the Court afford in camera treatment to 39 documents that reveal its 

confidential business strategies and strategic initiatives. Updated Rubin Decl. ¶¶20, 24, 29. 

These documents discuss the specifics of Intuit’s business model, revenue, and market-share 

goals, and evaluate TurboTax’s position relative to its competitors. Id. They also reveal the 

details of Intuit’s key short- and long-term strategic initiatives related to TurboTax and other 

products, including strategic financial investment allocations, product focus decisions, and 

potential areas for growth and acquisition. Id. Public disclosure of this information could result 

in serious injury to Intuit because it would reveal Intuit’s candid self-assessment of its own 

business, including potential vulnerabilities to its position in the tax preparation market. Id. For 

example, certain of these presentations include detailed analysis of Intuit’s advertising 

campaigns, product mix, and pricing strategies to identify areas for improvement or growth in 

upcoming tax seasons. Id. at ¶29. Competitors could use this information to either replicate 

Intuit’s business strategies or use Intuit’s own self-assessments to undermine and even nullify 

Intuit’s initiatives. Id. at ¶¶20, 24, 29. It may also negate Intuit’s anticipated “first-mover” 

advantage in several product initiatives. Because the public disclosure of this information would 

lead to Intuit’s competitive harm, Intuit requests that this Court grant in camera treatment of 

these documents for five years. See 1-800 Contacts, 2017 FTC LEXIS 55, at *9. 

F. Regulatory Strategy 

Intuit’s next requests in camera treatment of 28 exhibits that reveal Intuit’s confidential 

regulatory strategy. These documents discuss the specifics of Intuit’s risk management practices, 

including identification of regulatory risks in the marketplace and efforts to mitigate such risks 

through strategic engagement. Updated Rubin Decl. ¶¶36, 45. Many of these documents also 

contain confidential information relating to the IRS’ Free File program, which are wholly 

7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 8 of 56 * PUBLIC *; 

 

 

 

 

 

PUBLIC

irrelevant to Complaint Counsel’s allegations. See Compl. ¶¶119-122. There accordingly is no 

public interest in the release of these confidential documents in connection with this proceeding, 

whereas Intuit reasonably seeks to protect its confidential information. Were Intuit’s 

confidential information relating to its regulatory strategies disclosed, competitors would gain 

insight into Intuit’s assessment of its regulatory risk profile and the confidential strategies it uses 

to mitigate those risks. Updated Rubin Decl. ¶¶36, 45. Intuit respectfully requests that this 

Court grant in camera treatment of documents containing confidential information of its 

regulatory strategy for five years. See Altria Grp., 2021 WL 2258803, at *5.4 

G. Sensitive Personal Information 

Consistent with the Court’s March 1 Order granting Intuit’s request to accord in camera 

treatment to documents that contain consumer names and taxpayer information, Intuit seeks 

similar treatment for 16 documents in this motion. Specifically, Intuit seeks in camera treatment 

for GX 857-868 and RX 820, 821, 1372, and 1373. These documents include large spreadsheets 

that contain consumer names, contact information, and confidential tax information, as well as 

some customers’ sensitive personally identifiable information (e.g., social security numbers). 

See 16 C.F.R. §3.45(b). Intuit requests these documents be afforded permanent in camera 

treatment. 

H. Documents Created Before 2020 

Finally, pursuant to the Court’s direction, Intuit has reduced the number of documents older 

than three years for which it seeks in camera treatment, from 163 to 44 documents. These 

remaining documents reveal trade secrets, financial data and metrics, regulatory and business 

4 A federal court similarly struck irrelevant exhibits that Complaint Counsel filed with their 

motion for a preliminary injunction. See Order, FTC v. Intuit, Inc., No. 3:22-cv-1973-CRB 

(N.D.Cal. June 28, 2022), ECF No. 72. 

8 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 9 of 56 * PUBLIC *; 

 

 

 

 

 

 

 

 

PUBLIC

strategies, as well as Intuit’s pricing, sales, and marketing strategies, which remain competitively 

sensitive today. Updated Rubin Decl. ¶¶39-46. Public disclosure of these documents would result 

in serious competitive injury to Intuit because the information they reveal pertains specifically to 

Intuit’s current business operations, in addition to multi-year initiatives that are still in 

development. Id. ¶¶39-46. Though the documents that contain this information are older than 

three years, competitors could still use the information set forth therein to replicate Intuit’s 

businesses strategies, gaining an unfair competitive advantage and benefiting from the resources 

Intuit poured into developing these trade secrets and strategies and steps to keep these documents 

confidential. Id. ¶¶39-46. Thus, because these documents remain competitively sensitive, Intuit 

requests that they be held in camera for five years. See Altria Grp., 2021 WL 2258803, at *2. 

II. CONCLUSION 

For the forgoing reasons, Intuit respectfully requests that the Court grant in camera 

treatment to the hearing exhibits identified in Attachment A hereto to the extent and for the 

durations indicated. 

Dated: March 15, 2023 Respectfully submitted, 

/s/ David Z. Gringer 

Jonathan E. Paikin David Z. Gringer 

Jennifer Milici Wilmer Cutler Pickering 

Derek A. Woodman Hale and Dorr LLP 

Wilmer Cutler Pickering 7 World Trade Center 

Hale and Dorr LLP 250 Greenwich St. 

1875 Pennsylvania Ave NW New York, NY 10007 

Washington, DC 20006 Telephone: (212) 230-8800 

Telephone: (202) 663-6000 Facsimile: (212) 230-8888 

Facsimile: (202) 663-6363 David.Gringer@wilmerhale.com 

Jonathan.Paikin@wilmerhale.com 

Jennifer.Milici@wilmerhale.com Attorneys for Respondent Intuit Inc. 

Derek.Woodman@wilmerhale.com 

9 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 10 of 56 * PUBLIC *; 

ATTACHMENT A 

Exhibit No. Description Date Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment1

Duration of In 

Camera 

Treatment 

GX 014 6/14/2013 CC-00000239 Regulatory Strategy All Pages Five Years 

GX 015 8/12/2013 CC-00000243 Regulatory Strategy All Pages Five Years 

GX 016 8/15/2013 CC-00000258 Regulatory Strategy All Pages Five Years 

GX 017 12/17/2013 CC-00000265 Regulatory Strategy All Pages Five Years 

GX 018 1/14/2014 CC-00000269 Regulatory Strategy All Pages Five Years 

GX 020 7/5/2016 CC-00000274 Regulatory Strategy All Pages Five Years 

GX 021 6/12/2017 CC-00000278 Regulatory Strategy CC-00000278 Five Years 

GX 024 10/21/2016 CC-00000284 Regulatory Strategy All Pages Five Years 

GX 028 9/11/2016 CC-00000317 Regulatory Strategy All Pages Five Years 

GX 029 10/3/2014 CC-00000334 Regulatory Strategy All Pages Five Years 

GX 034 10/8/2014 CC-00000351 Regulatory Strategy All Pages Five Years 

GX 035 10/9/2014 CC-00000356 Regulatory Strategy All Pages Five Years 

GX 038 11/13/2014 CC-00000373 Regulatory Strategy All Pages Five Years 

GX 040 3/30/2015 CC-00000426 Regulatory Strategy All Pages Five Years 

1 To the extent Intuit seeks in camera treatment for a portion of a document, such portion(s) are noted in Attachment A by page number and marked in yellow highlight in the 

versions submitted to the Court in connection with this Motion. This Attachment does not reflect RX 384-A, 385-A, or RX 386, which relate to documents for which the 

Court already has granted in camera treatment and are described in Intuit's first motion for in camera treatment and the accompanying Declaration of Jack Rubin.

A-1 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 11 of 56 * PUBLIC *; 

Exhibit No. Description Date Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

GX 051 3/21/2016 CC-00000545 Regulatory Strategy All Pages Five Years 

GX 068 7/12/2018 CC-00000721 Regulatory Strategy CC-00000721; 724 Five Years 

GX 069 9/12/2018 CC-00000725 Regulatory Strategy CC-00000727-728 Five Years 

GX 070 7/25/2018 CC-00000729 Regulatory Strategy CC-00000729; 739 Five Years 

GX 071 10/4/2018 CC-00000742 Regulatory Strategy CC-00000752; 754; 760-762; 

772-774; 780-782; 784 

Five Years 

GX 080 7/31/2020 CC-00000836 Financial Data; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

CC-00000838–841; 845–848; 

850; 858–862; 868–874; 876– 

878; 886–888 

Ten Years 

GX 081 10/29/2018 CC-00000889 Regulatory Strategy All Pages Five Years 

GX 092 7/24/2018 CC-00000961 Regulatory Strategy CC-00000961; 971 Five Years 

GX 103 1/15/2019 CC-00001043 Regulatory Strategy All Pages Five Years 

GX 108 10/1/2018 CC-00001081 Regulatory Strategy CC-00001083; 089 Five Years 

GX 114 2/10/2019 CC-00001119 Regulatory Strategy All Pages Five Years 

GX 152 9/29/2020 CC-00003866 Sales and Marketing Strategy CC-00003883-3884; 3900-3902; 

4013; 4022; 4054-4055 

Five Years 

GX 153 10/20/2020 CC-00004084 Regulatory Strategy CC-00004247–249 Five Years 

GX 155 10/30/2020 CC-00004546 Regulatory Strategy; Sales and 

Marketing Strategy 

CC-00004722; 723; 727; 732– 

738; 741–744 

Five Years 

GX 157 10/7/2020 CC-00004959 Regulatory Strategy; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

CC-00005003–007; 101–106; 

108–112; 115–118 

Ten Years 

A-2 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 12 of 56 * PUBLIC *; 

Duration of In Partial or Complete In Exhibit No. Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

GX 296 6/5/2019 CC-00006356 Sales and Marketing Strategy; CC-00006358-359; 361-365; Ten Years 

Trade Secrets and Product 368-369; 372-403; 405; 407-409 

Development 

GX 297 9/20/2018 CC-00006410 Business Strategy/Strategic CC-00006418; 425-429; 431- Ten Years 

Initiatives; Financial Data; 432; 

Sales and Marketing Strategy; 434-440 

Trade Secrets and Product 

Development 

GX 303 12/9/2022 CC-00006504 Sales and Marketing Strategy CC-00006506; 510; 516; 541- Five Years 

543; 550 

GX 392 1/25/2022 CC-00007192 Financial Data; Sales and All Pages Ten Years 

Marketing Strategy; Trade 

Secrets and Product 

Development 

GX 393 9/16/2021 CC-00007248 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Trade Secrets and 

Product Development 

GX 394 10/22/2021 CC-00007325 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Trade Secrets and 

Product Development 

GX 395 2/22/2022 CC-00007338 Pricing and Pricing Strategy All Pages Five Years 

GX 396 6/2/2021 CC-00007341 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Financial Data; 

Trade Secrets and Product 

Development 

GX 397 1/21/2022 CC-00007349 Trade Secrets and Product All Pages Ten Years 

Development 

GX 398 TY20 CC-00007361 Financial Data; Sales and All Pages Ten Years 

Marketing Strategy; Trade 

Secrets and Product 

Development 

GX 399 TY21 CC-00007391 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Financial Data; 

Sales and Marketing Strategy; 

A-3 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 13 of 56 * PUBLIC *; 

Duration of In Partial or Complete In Exhibit No. Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

Trade Secrets and Product 

Development 

GX 400 TY21 CC-00007421 Business Strategy/Strategic All Pages Five Years 

Initiatives 

GX 401 TY20 CC-00007435 Financial Data; Sales and All Pages Ten Years 

Marketing Strategy; Trade 

Secrets and Product 

Development 

GX 402 11/5/2021 CC-00007465 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Financial Data; 

Trade Secrets and Product 

Development 

GX 403 TY21 CC-00007485 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Financial Data; 

Trade Secrets and Product 

Development 

GX 409 11/14/2022 CC-00007532 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 409-A 11/14/2022 CC-00007546 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 410 TY21 CC-00007560 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Financial Data; 

Trade Secrets and Product 

Development 

GX 428 2019 CC-00007688 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Financial Data; 

Regulatory Strategy; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

GX 431 TY21 CC-00007852 Sales and Marketing Strategy; Column N Ten Years 

Trade Secrets and Product 

Development 

A-4 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 14 of 56 * PUBLIC *; 

 

Exhibit No. Description Date Beg Bates In Camera Treatment 

Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

GX 432 TY21 CC-00007853 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Column N Ten Years 

GX 433 TY21 CC-00007854 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Column N Ten Years 

GX 434 TY21 CC-00007855 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Columns E-G Ten Years 

GX 435 TY21 CC-00007856 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Columns G-H Ten Years 

GX 436 TY20 CC-00007857 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Columns N-O Ten Years 

GX 437 6/29/2021 CC-00007858 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Columns N-O Ten Years 

GX 441 TY21 CC-00007889 Financial Data; Sales and Marketing Strategy; Trade Secrets and Product Development All Pages Ten Years 

GX 442 TY20 CC-00007930 Financial Data; Sales and Marketing Strategy; Trade Secrets and Product Development All Pages Ten Years 

GX 443 1/7/2021 CC-00008027 Business Strategy/Strategic 

Initiatives 

All Pages Five Years 

GX 444 3/22/2022 CC-00008056 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

GX 451 1/11/2022 CC-00008475 Financial Data; Sales and Marketing Strategy; Trade Secrets and Product Development All Pages Ten Years 

A-5 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 15 of 56 * PUBLIC *; PUBLIC

Exhibit No. Description Date 

TY20 

TY20 

3/25/2021 

3/25/2021 

12/1/2020 

TY19 

9/1/2020 

TY21 

TY21 

Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

GX 452 CC-00008536 Financial Data; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

All Pages Ten Years 

GX 452-A CC-00008724 Financial Data; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

All Pages Ten Years 

GX 453 CC-00008969 Financial Data; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

All Pages Ten Years 

GX 453-A CC-00009022 Financial Data; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

All Pages Ten Years 

GX 456 CC-00009257 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

GX 457 CC-00009304 Business Strategy/Strategic 

Initiatives; Financial Data; 

Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

GX 460 CC-00009536 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

GX 461 CC-00009575 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

GX 472 CC-00009916 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

A-6 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 16 of 56 * PUBLIC *; 

Exhibit No. 

GX 473 

GX 631 

GX 634 

GX 635 

GX 636 

GX 637 

GX 638 

GX 639 

GX 641 

GX 643 

GX 644 

GX 645 

Duration of In Partial or Complete In Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

2/22/2022 CC-00009917 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

11/14/2022 CC-00013277 Trade Secrets and Product CC-00013293; 297; 299-300 Ten Years 

Development 

12/11/2020 CC-00013306 Sales and Marketing Strategy All Pages Five Years 

2/12/2021 CC-00013312 Sales and Marketing Strategy All Pages Five Years 

Apr-21 CC-00013317 Business Strategy/Strategic All Pages Ten Years 

Initiatives; Pricing and Pricing 

Strategy; Sales and Marketing 

Strategy; Trade Secrets and 

Product Development 

TY20 CC-00013587 Business Strategy/Strategic All Pages Five Years 

Initiatives 

1/18/2022 CC-00013619 Business Strategy/Strategic All Pages Five Years 

Initiatives; Financial Data 

Feb-22 CC-00013630 Business Strategy/Strategic All Pages Five Years 

Initiatives; Financial Data 

12/11/2020 CC-00013646 Business Strategy/Strategic All Pages Five Years 

Initiatives; Sales and 

Marketing Strategy 

TY20 CC-00013718 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

12/14/2020 CC-00013770 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

TY20 CC-00013810 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

A-7 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 17 of 56 * PUBLIC *; 

Duration of In Partial or Complete In Exhibit No. Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

GX 646 Sep-20 CC-00013816 Sales and Marketing Strategy All Pages Five Years 

GX 648 10/26/2021 CC-00013855 Sales and Marketing Strategy All Pages Five Years 

GX 649 9/26/2021 CC-00013879 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 651 10/26/2021 CC-00013978 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 653 TY21 CC-00014009 Sales and Marketing Strategy All Pages Five Years 

GX 655 2/1/2022 CC-00014105 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 656 8/5/2019 CC-00014110 Sales and Marketing Strategy All Pages Five Years 

GX 658 6/24/2021 CC-00014176 Financial Data; Sales and All Pages Ten Years 

Marketing Strategy; Trade 

Secrets and Product 

Development 

GX 659 6/10/2021 CC-00014201 Business Strategy/Strategic All Pages Ten Years 

Investments; Financial Data; 

Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

GX 660 TY21 CC-00014471 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 661 TY21 CC-00014472 Sales and Marketing Strategy; All Pages Ten Years 

Trade Secrets and Product 

Development 

GX 662 Aug. 2020 CC-00014473 Sales and Marketing Strategy All Pages Five Years 

GX 664 Feb. 2022 CC-00014484 Sales and Marketing Strategy All Pages Five Years 

A-8 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 18 of 56 * PUBLIC *; 

Exhibit No. Description Date Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

GX 665 Aug. 2021 CC-00014538 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

GX 673 Nov. 2021 CC-00014627 Sales and Marketing Strategy All Pages Five Years 

GX 681 Oct. 2021 CC-00014706 Sales and Marketing Strategy All Pages Five Years 

GX 682 3/4/2020 CC-00014735 Sales and Marketing Strategy All Pages Five Years 

GX 683 4/27/2020 CC-00014782 Sales and Marketing Strategy All Pages Five Years 

GX 688 3/18/2020 CC-00014843 Sales and Marketing Strategy All Pages Five Years 

GX 689 4/14/2020 CC-00014907 Sales and Marketing Strategy All Pages Five Years 

GX 690 5/20/2020 CC-00014960 Sales and Marketing Strategy All Pages Five Years 

GX 743 1/27/2023 CC-00015141 Sales and Marketing Strategy CC-00015142-143; 149-150; 

155-157; 172; 174-193 

Five Years 

GX 745 TY21 CC-00015202 Financial Data All Pages Five Years 

GX 746 TY21 CC-00015215 Financial Data All Pages Five Years 

GX 747 TY21 CC-00015223 Financial Data All Pages Five Years 

GX 749 1/27/2023 CC-00015230 Financial Data; Sales and 

Marketing Strategy 

CC-00015239-240; 244-254; 

257-258; 262-265; 267-268; 

271; 283-284; 291; 295; 298; 

300-301; 303-307; 311-316; 

318-321; 323; 325; 327; 329-

334; 337-339; 344; 347-353; 

355-356 

Five Years 

GX 765 1/13/2023 CC-00015377 Sales and Marketing Strategy All Pages Five Years 

GX 857 TY19–20 CC-00015469 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

GX 858 TY19–20 CC-00015470 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

A-9 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 19 of 56 * PUBLIC *; PUBLIC

Exhibit No. Description Date Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

GX 859 

GX 860 

GX 861 

GX 862 

GX 863 

GX 864 

GX 865 

GX 866 

GX 867 

GX 868 

RX 039 

RX 045 

RX 049 

RX 050 

RX 051 

TY19–20 CC-00015471 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY20 CC-00015472 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY20 CC-00015473 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY20 CC-00015474 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY20–21 CC-00015475 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY21 CC-00015476 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY21 CC-00015477 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY21 CC-00015478 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY21–22 CC-00015479 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

TY21–22 CC-00015480 Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

Sep-21 INTUIT-FTC-PART3-

000485022 

Business Strategy/Strategic 

Initiatives; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

All Pages Ten Years 

1/11/2022 INTUIT-FTC-PART3-

000484779 

Business Strategy/Strategic 

Initiatives; Sales and 

Marketing Strategy 

All Pages Five Years 

11/19/2018 INTUIT-FFA-FTC-

000066940 

Business Strategy/Strategic 

Initiatives; Sales and 

Marketing Strategy 

All Pages Five Years 

5/16/2019 INTUIT-FFA-FTC-

000526541 

Financial Data; Pricing and 

Pricing Strategy 

All Pages Five Years 

TY19 INTUIT-FTC-PART3-

000601173 

Business Strategy/Strategic 

Initiatives; Financial Data; 

Pricing and Pricing Strategy 

All Pages Five Years 

A-10 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 20 of 56 * PUBLIC *; Exhibit No. Description Date Beg Ba

tes In Camera Treatment 

Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

RX 052 6/2/2022 INTUIT-FTC-PART3-

000602247 

Trade Secrets and Product 

Development; Sales and 

Marketing Strategy 

All Pages Ten Years 

RX 053 TY19 INTUIT-FTC-PART3-

000601811 

Business Strategy/Strategic 

Initiatives; Financial Data; 

Pricing and Pricing Strategy; 

Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

All Pages Ten Years 

RX 054 TY19 INTUIT-FTC-PART3-

000602494 

Business Strategy/Strategic 

Initiatives; Financial Data; 

Sales and Marketing Strategy 

All Pages Five Years 

RX 055 TY20 INTUIT-FTC-PART3-

000601463 

Trade Secrets and Product 

Development 

All Pages Ten Years 

RX 057 2021 INTUIT-FTC-PART3-

000602289 

Sales and Marketing Strategy All Pages Five Years 

RX 059 6/8/2021 INTUIT-FTC-PART3-

000602174 

Financial Data; Pricing and 

Pricing Strategy 

All Pages Five Years 

RX 060 Jul-20 INTUIT-FTC-PART3-

000602376 

Business Strategy/Strategic 

Initiatives; Sales and 

Marketing Strategy 

All Pages Five Years 

RX 061 Feb-21 INTUIT-FTC-PART3-

000602321 

Business Strategy/Strategic 

Initiatives; Sales and 

Marketing Strategy 

All Pages Five Years 

RX 065 7/31/2020 Sales and Marketing Strategy; 

Trade Secrets and Product 

Development 

Pages 3; 4; 5; 6; 10–13; 15; 23– 

27; 33–39; 41–43; 51–53 

Ten Years 

RX 106 8/29/2022 Financial Data All Pages Five Years 

RX 260 6/25/2022 Pricing and Pricing Strategy; 

Trade Secrets and Product 

Development 

Pages 3; 4; 8; 12; 14; 18–21; 23; 

24 

Ten Years 

RX 298 8/21/2018 INTUIT-FFA-FTC-

000325087 

Business Strategy/Strategic 

Initiatives; Financial Data; 

Pricing and Pricing Strategy; 

Sales and Marketing Strategy 

All Pages Five Years 

A-11 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 21 of 56 * PUBLIC *; 

Duration of In Partial or Complete In Exhibit No. Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

RX 310 3/20/2019 INTUIT-FFA-FTC- Sales and Marketing Strategy; All Pages Ten Years 

000057988 Trade Secrets and Product 

Development 

RX 312 4/9/2019 INTUIT-FFA-FTC- Financial Data; Pricing and All Pages Five Years 

000423732 Pricing Strategy; Sales and 

Marketing Strategy 

RX 322 9/18/2019 INTUIT-FFA-FTC- Business Strategy/Strategic All Pages Five Years 

000368135 Initiatives; Financial Data; 

Pricing and Pricing Strategy; 

Sales and Marketing Strategy 

RX 325 8/5/2019 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000608494 Initiatives; Sales and 

Marketing Strategy 

RX 334 10/25/2021 INTUIT-FTC-PART3- Sales and Marketing Strategy; All Pages Ten Years 

000608484 Trade Secrets and Product 

Development 

RX 365 2/8/2021 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000607742 

RX 366 4/19/2022 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000607754 

RX 368 5/13/2021 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000607750 Initiatives; Sales and 

Marketing Strategy 

RX 371 6/29/2021 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000490288 

RX 377 5/16/2019 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000608473 Initiatives; Financial Data 

RX 379 9/1/2020 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000490565 Initiatives; Sales and 

Marketing Strategy 

RX 401 8/30/2022 Financial Data; Sales and Pages 3; 8; 9; 21; 24; 29–34; 57; Five Years 

Marketing Strategy 58; 60–63: 65; 72–75; 77; 79– 

82; 85;86, 91–94: C-1 to C-3; 

D2 

RX 402 8/30/2022 Financial Data; Sales and Pages 38; 42; 45; 46; B-1 Five Years 

Marketing Strategy 

A-12 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 22 of 56 * PUBLIC *; 

Exhibit No. 

RX 571 

RX 572 

RX 573 

RX 574 

RX 575 

RX 576 

RX 579 

RX 582 

RX 592 

RX 594 

RX 596 

RX 599 

RX 600 

Duration of In Partial or Complete In Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

8/30/2022 INTUIT-FTC-PART3- Financial Data All Pages Five Years 

000603004 

8/30/2022 INTUIT-FTC-PART3- Financial Data All Pages Five Years 

000603000 

8/30/2022 INTUIT-FTC-PART3- Financial Data All Pages Five Years 

000603001 

8/30/2022 INTUIT-FTC-PART3- Financial Data All Pages Five Years 

000602999 

8/30/2022 INTUIT-FTC-PART3- Financial Data All Pages Five Years 

000603002 

8/30/2022 INTUIT-FTC-PART3- Financial Data All Pages Five Years 

000603029 

TY21 INTUIT-FTC-PART3- Sales and Marketing Strategy; All Pages Ten Years 

000602936 Trade Secrets and Product 

Development 

4/11/2019 INTUIT-FTC-PART3- Sales and Marketing Strategy INTUIT-FTC-PART3- Five Years 

000601283 000601306; 307; 331; 349 

Aug-21 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Ten Years 

000602627 Initiatives; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

TY20 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000601354 Initiatives; Financial Data; 

Sales and Marketing Strategy 

Feb-22 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000602728 

3/28/2022 Financial Data; Pricing and Pages 3; 4; 8; 14; 18–21; 23; 24 Five Years 

Pricing Strategy; Sales and 

Marketing Strategy 

8/22/2022 Financial Data; Pricing and Pages 3; 6–10; 17; 21; 22; 27; Five Years 

Pricing Strategy; Sales and 32; Statement of Material Facts 

Marketing Strategy 1; 2; 4–6; 8; 9; 11–16 

A-13 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 23 of 56 * PUBLIC *; 

Duration of In Partial or Complete In Exhibit No. Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

RX 698 11/4/2020 Financial Data; Sales and All Pages Five Years 

Marketing Strategy 

RX 704 5/16/2019 INTUIT-FTC-PART3- Financial Data; Pricing and All Pages Five Years 

000607308 Pricing Strategy 

RX 706 Aug-21 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Ten Years 

000607412 Initiatives; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

RX 723 1/16/2019 INTUIT-FFA-FTC- Financial Data; Pricing and All Pages Ten Years 

000329046 Pricing Strategy; Sales and 

Marketing Strategy; Trade 

Secrets and Product 

Development 

RX 765 9/2/2019 INTUIT-FTC-PART3- Pricing and Pricing Strategy; All Pages Five Years 

000607561 Sales and Marketing Strategy 

RX 795 5/14/2019 INTUIT-FFA-FTC- Financial Data; Pricing and All Pages Five Years 

000066726 Pricing Strategy 

RX 804 5/8/2019 INTUIT-FFA-FTC- Business Strategy/Strategic All Pages Five Years 

000066459 Initiatives; Sales and 

Marketing Strategy 

RX 809 3/29/2022 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000608488 

RX 810 7/8/2021 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000616733 Initiatives; Financial Data; 

Sales and Marketing Strategy 

RX 811 5/6/2021 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000608578 Initiatives; Financial Data; 

Sales and Marketing Strategy 

RX 812 5/20/2022 INTUIT-FTC-PART3- Pricing and Pricing Strategy All Pages Five Years 

000609964 

RX 814 8/31/2021 INTUIT-FTC-PART3- Business Strategy/Strategic All Pages Five Years 

000616784 Initiatives; Sales and 

Marketing Strategy 

A-14 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 24 of 56 * PUBLIC *; 

Duration of In Partial or Complete In Exhibit No. Description Date Beg Bates In Camera Treatment Camera Camera Treatment5 

Treatment 

RX 815 TY21 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000490339 

RX 817 2022 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000608568 

RX 818 TY21 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000608569 

RX 819 TY21 INTUIT-FTC-PART3- Pricing and Pricing Strategy; All Pages Five Years 

000608570 Sales and Marketing Strategy 

RX 820 TY20 INTUIT-FTC-PART3- Pricing and Pricing Strategy; All Pages Indefinite 

000608571 Sales and Marketing Strategy; 

Sensitive Personal Information 

RX 821 TY21 INTUIT-FTC-PART3- Pricing and Pricing Strategy; All Pages Indefinite 

000608572 Sales and Marketing Strategy; 

Sensitive Personal Information 

RX 822 TY20 INTUIT-FTC-PART3- Pricing and Pricing Strategy; All Pages Five Years 

000608573 Sales and Marketing Strategy 

RX 823 TY21 INTUIT-FTC-PART3- Pricing and Pricing Strategy; All Pages Five Years 

000608574 Sales and Marketing Strategy 

RX 825 TY21 INTUIT-FTC-PART3- Sales and Marketing Strategy All Pages Five Years 

000608576 

RX 1016 1/13/2023 Financial Data; Sales and Pages 19; 20; 44; 52; 53; 136; Five Years 

Marketing Strategy 137 

RX 1017 1/13/2023 Financial Data; Sales and Pages 52; 54; 61; 66; 67; 69–73; Five Years 

Marketing Strategy 75; 76; 78; 80; 84; 85; 91; B-2; C-1 to C-16; D-1 to D-11 

RX 1018 1/13/2023 Financial Data; Sales and Pages 11; 12; 18–20; 22–24; 26– Five Years 

Marketing Strategy 28; 32–35; 37; 38; 44; 47; 53; 

54; 62; 64; 66–68; 72; 76–80; 

92–99; 102–105; 110; 113; 114; 

119; 124; 126–131; 133; 134; 

136; 144–147; C-1 to C-4; C-14; 

C-18; C-37; C-38; F-2 

A-15 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 25 of 56 * PUBLIC *; 

 

 

PUBLIC

Exhibit No. Description Date Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

RX 1027 1/13/2023 

TY21 

1/27/2023 

2/16/2023 

TY19–20 

TY21–22 

TY20–21 

TY19–21 

TY21 

TY21 

TY21 

TY20-21 

TY20-22 

2/10/2023 

Financial Data; Sales and 

Marketing Strategy 

Pages 2; 5–11; 13; 14; 17–19; 

32; 33; 38; 40; 42; 43; 44; 46– 

52; 54–58; 61–72; 74–83; 85– 

89; 91; 93; 94–116; B1; B-17; 

C-33; D-2; D-3; D-6; D-10; D11 to D-27; D-29 to D-32; D-34 

to D-39 

Five Years 

RX 1030 INTUIT-FTC-PART3-

000490338 

Sales and Marketing Strategy All Pages Five Years 

RX 1345 Financial Data; Sales and 

Marketing Strategy 

Pages 10-11; 15-25; 28-29; 33-

36; 38-39; 42; 54-55; 62; 66; 69; 

71-72; 74-78; 82-87; 89-92; 94; 

96; 98; 102-105; 108-110; 115; 

118-124; 126-127 

Five Years 

RX 1362 Sales and Marketing Strategy TOC 1-2; Pages 6-7; 12-14; 29; 

31-50 

Five Years 

RX 1372 INTUIT-FTC-PART3-

000618568 

Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

RX 1373 INTUIT-FTC-PART3-

000618579 

Sales and Marketing Strategy; 

Sensitive Personal Information 

All Pages Indefinite 

RX 1374 Sales and Marketing Strategy All Pages Five Years 

RX 1375 Sales and Marketing Strategy All Pages Five Years 

RX 1376 Sales and Marketing Strategy All Pages Five Years 

RX 1385 Financial Data; Sales and 

Marketing Strategy 

All Pages Five Years 

RX 1386 Financial Data; Sales and 

Marketing Strategy 

All Pages Five Years 

RX 1388 Sales and Marketing Strategy All Pages Five Years 

RX 1389 Sales and Marketing Strategy All Pages Five Years 

RX 1394 Financial Data; Sales and 

Marketing Strategy 

Pages 27-29; 34-35; 99; 107; 

140; 173; 180; 186 

Five Years 

A-16 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 26 of 56 * PUBLIC *; 

Exhibit No. Description Date Beg Bates In Camera Treatment Partial or Complete In 

Camera Treatment5 

Duration of In 

Camera 

Treatment 

RX 1395 2/15/2023 Financial Data; Sales and 

Marketing Strategy 

Pages 84; 87; 89; 92-97; 102-

104; 120; 136-138; 142-143; 

147; 153-155; 157; 166-172; 

175-178; 180-183 

Five Years 

RX 1396 2/16/2023 Financial Data; Sales and 

Marketing Strategy 

Pages 147-148; 150; 248; 250; 

253; 255; 257; 272-273; 279-

282; 284; 317-323; 325; 327 

Five Years 

RX 1543 3/9/2023 Sales and Marketing Strategy All Pages Five Years 

RX 1544 3/6/2023 Sales and Marketing Strategy All Pages Five Years 

RX 1545 2/23/2023 Sales and Marketing Strategy All Pages Five Years 

RX 1546 2/16/2023 Sales and Marketing Strategy All Pages Five Years 

RX 1547 2/16/2023 Sales and Marketing Strategy All Pages Five Years 

A-17 

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 27 of 56 * PUBLIC *; 

 

 

 

 

 

 

 

 

 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Intuit Inc., a corporation. 

Docket No. 9408 

DECLARATION OF JACK RUBIN 

IN SUPPORT OF INTUIT INC.’S SECOND 

MOTION FOR IN CAMERA TREATMENT OF CERTAIN TRIAL EXHIBITS 

I, Jack Rubin, declare as follows: 

1. Since 2018, I have served as Vice President in the Consumer Group at Intuit. 

Since June 2021, I have served as Vice President, Marketing, Partnerships & Advertising 

Operations at Intuit. From March 2020 to June 2021, I served as Vice President, Business 

Practices and Strategy at Intuit. And from 2018 to March 2020, I served as Vice President, 

Marketing at Intuit. 

2. I submit this declaration in support of Intuit’s Second Motion for In Camera 

Treatment of Certain Trial Exhibits. 

3. Intuit seeks in camera treatment of exhibits or portions of exhibits included on 

either Intuit’s exhibit list or Complaint Counsel’s exhibit list. Those exhibits are identified 

herein and in Attachment A to Intuit’s Second Motion for In Camera Treatment of Certain Trial 

Exhibits. 

4. Given my years of experience at Intuit, I have personal knowledge of the 

information contained in the exhibits discussed in this declaration, their competitive significance 

1 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 28 of 56 * PUBLIC *; 

 

PUBLIC

to Intuit, the confidential treatment they obtain at Intuit, and the repercussions of their public 

release. Based on my review of the exhibits and conversations with individuals who reviewed 

the documents at my direction, my knowledge of Intuit’s business, my familiarity with the 

confidential nature of Intuit’s business and its information and documents, and my understanding 

of the highly competitive industry that Intuit operates within, I attest that the public disclosure 

and dissemination of the exhibits or portions of exhibits identified in this declaration and 

Attachment A to Intuit’s Second Motion for In Camera Treatment of Certain Trial Exhibits 

would result in substantial competitive and financial injury to Intuit. 

5. Intuit treats the information and documents for which it seeks in camera treatment 

as confidential and limits its disclosure to Intuit employees or agents that need to know the 

information to perform their work on behalf of the company. Intuit also takes reasonable steps to 

protect its network and otherwise limit access to the specific documents at issue in this motion 

through permissions managed within Google Workspace. 

6. As explained in greater detail below, the exhibits identified below and in 

Attachment A contain confidential information regarding Intuit’s financial data, pricing and 

pricing strategy, sales and marketing strategy, trade secrets and product development, business 

strategy and strategic initiatives, and/or regulatory strategy. They also include confidential 

information relating to the IRS Free File program. 

7. Disclosing this confidential information would allow Intuit’s competitors to 

review and replicate Intuit’s proprietary business methods for their own use and would allow 

Intuit’s competitors to gain key insight into Intuit’s internal business strategy and competitive 

decision making. Disclosing this information would also give Intuit’s competitors direct insight 

into how Intuit measures the success of its business and, by disclosing how these metrics are 

2 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 29 of 56 * PUBLIC *; 

 

 

 

 

PUBLIC

used as part of business analysis and strategic planning, would allow competitors to better 

position themselves to counter Intuit’s business strategy. Intuit’s competitors could also use the 

confidential data regarding revenue Intuit received from specific groups of consumers to 

undermine Intuit’s business strategy or to identify segments of Intuit’s customer base to which 

they could market competing products. Because the online tax preparation industry is extremely 

competitive, with some of Intuit’s competitors running advertisements that expressly compare 

their products and pricing to Intuit’s offerings, Intuit’s competitors would likely exploit this 

information for their own gain. The public disclosure of this information thus would 

substantially prejudice Intuit by causing the company irreparable competitive and financial harm. 

8. The motion for in camera treatment is narrowly tailored to protect Intuit’s 

confidential information. 

9. Intuit has grouped the exhibits on the parties’ respective exhibit lists for which it 

seeks in camera treatment into the following categories, by document type: 

a. Internal Intuit Data 

b. Internal Intuit White Papers, Creative Briefs, Strategy Documents, and 

Other Reports 

c. Internal Intuit Emails 

d. Internal Intuit Presentations 

e. Investigatory Transcripts and Other Litigation Documents 

10. As an internal practice, Intuit utilizes PowerPoint presentations to develop and 

document its confidential data and metrics, business, regulatory, and marketing strategies, and 

other confidential and proprietary information. As with all documents that contain such 

information, Intuit strictly limits the dissemination of these presentations to individuals who need 

3 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 30 of 56 * PUBLIC *; 

 

PUBLIC

the sensitive information to perform their business functions. That an Intuit strategy is formatted 

as a presentation is not an indication that it is widely disseminated throughout the company. By 

way of example, GX 646 is a presentation that contains confidential information relating to 

Intuit’s sales and marketing strategies that was only distributed to those on a need-to-know basis. 

Each PowerPoint presentation identified in Attachment A was not widely disseminated within 

Intuit. 

11. Intuit has further grouped the documents identified in Attachment A by reference 

to the type of confidential and competitively sensitive information contained within, according to 

the categories identified below: 

a. Financial Data 

b. Pricing and Pricing Strategy 

c. Sales and Marketing Strategy 

d. Trade Secrets and Product Development 

e. Business Strategy/Strategic Initiatives 

f. Regulatory Strategy 

12. In addition, Intuit has identified in attachment A documents that contain 

confidential information related to the IRS Free File Program. In addition to those documents 

containing confidential information that warrants in camera treatment, information related to the 

IRS Free File program is wholly irrelevant to Intuit’s marketing of its commercial free product 

that is the focus of this proceeding. 

13. Many exhibits within each identified document type include more than one 

category of confidential information and are therefore listed below more than once. 

4 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 31 of 56 * PUBLIC *; 

 

 

PUBLIC

14. Certain of the exhibits for which Intuit seeks in camera treatment predate 2020. 

The information in these documents remain competitively sensitive because they reflect Intuit’s 

current trade secrets and business metrics that are not publicly available. Many of these exhibits 

reflect Intuit’s multiyear business strategy and product development plans, and accordingly 

disclose not only current strategic considerations but also business and product development 

strategy that is relevant to future tax years. If this information were publicly disclosed, Intuit’s 

competitors would gain detailed insight into Intuit’s ongoing confidential business, regulatory, 

and financial metrics that competitors could then use to competitively disadvantage Intuit. In 

camera treatment of these documents are necessary to prevent serious competitive and financial 

injury to Intuit. More details regarding these specific pre-2020 documents, including the 

ongoing confidential information these documents contain, are shared below. 

A. Internal Intuit Data 

15. Financial Data. RX 106, 571–576, 1385, and 1386 are spreadsheets and other 

data compilations that contain detailed information about revenue Intuit receives from each 

TurboTax product, including the number of users for each product and a breakdown of the 

product SKU and specific incentives associated with the various consumer segments. 

Documents in this category also include consumer behavior trends observed through buying 

patterns. Intuit relies on this financial data and consumer buying patterns to make strategic 

business decisions relating to its product line-up, creative campaigns, and future business 

initiatives based on its confidential assessment of consumer trends and product performance 

breakdown. This information is non-public, and Intuit expends great time, money, and effort to 

protect this financial data in the ordinary course of business. For instance, Intuit circulates this 

information internally to only those individuals who need access in the course of their work and 

5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 32 of 56 * PUBLIC *; 

 

PUBLIC

only offers employees access to where those documents are stored if needed. If Intuit’s financial 

data was disclosed, Intuit’s competitors could use it to identify segments of Intuit’s customer 

base and certain products to capitalize on and use to market competing products. For instance, 

competitors could use this information to develop products and channel further investments into 

products that directly compete with Intuit’s strongest products. Intuit’s business model and 

financial decision-making also rests on the assumption that competitors will not gain insight into 

confidential details on how to undercut Intuit’s most profitable business lines. Were this 

information disclosed publicly, it would result in serious financial and competitive injury to 

Intuit, specifically placing Intuit at risk of an unfair competitive advantage and potentially losing 

a portion of its customer base. 

16. Pricing and Pricing Strategy. RX 812 and 819–823 are spreadsheets and other 

data compilations that contain non-public pricing information and information about Intuit’s 

pricing strategy, including internal analyses of customer demographics and buying patterns. 

Certain spreadsheets also contain detailed breakdowns of Intuit’s pricing model throughout the 

tax season, including details about the pricing strategy broken down by date during the course of 

the tax season and by product, bundle, and incentive offerings. While Intuit’s final prices for its 

products are public, the strategy applied to develop, test, and deploy those prices are considered 

by the company to be highly confidential. Intuit has invested several resources to develop and 

protect these analyses from outside disclosure. Intuit manages the dissemination of this 

information within the company through internal systems that limit access to only Intuit 

employees or agents who necessarily use the information to perform their business functions. 

Disclosure of Intuit’s pricing strategy would give Intuit’s competitors detailed information about 

how Intuit structures its pricing strategy and methods used to market its offerings to discrete 

6 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 33 of 56 * PUBLIC *; 

 

 

 

PUBLIC

customer segments. This knowledge would provide Intuit’s competitors with an unfair 

competitive advantage, allowing them to alter their own pricing strategies to undercut Intuit’s 

strategies. Moreover, disclosing those documents would reveal how Intuit tracks and plans those 

strategies, potentially allowing customers to use those processes without needing to separately 

invest the time and resources required to develop such a methodology for how to maximize its 

business strategy relying on pricing variance by customer segment, product channel, and timing 

during the tax season. 

17. Sales and Marketing Strategy. GX 431–437, 444, 660, 661, and 857–868 and 

RX 579, 815, 817–823, 825, 1030, 1372 (duplicate of GX 857), 1373 (duplicate of GX 868), 

1374–1376, 1385, 1386, 1388, 1389, 1544, and 1546 are spreadsheets and other data 

compilations evidencing Intuit’s sales and marketing strategies. GX 434, 435, 660, and 661 are 

spreadsheets containing confidential metrics reflecting audience size and customer engagement 

with Intuit’s advertisements, among other datapoints, which Intuit uses to analyze the efficacy of 

different advertising strategies. If publicly disclosed, this information would allow Intuit’s 

competitors to gain an unfair competitive advantage in marketing against Intuit by having 

detailed information about Intuit’s marketing plans and strategies. Certain of these documents 

also disclose the specific advertising strategies Intuit uses to disseminate online advertisements, 

including paid search keywords it uses, which would reveal Intuit’s confidential advertising 

strategy and how Intuit works to ensure its advertisements out-perform its competitors’ 

advertisements for key customer segments. Disclosing that information would allow competitors 

to bypass or shortcut developing their own effective marketing campaigns and instead capitalize 

on the marketing strategies known to be the most effective to Intuit. GX 431, 432, 433, 436, and 

437 and RX 1389 are spreadsheets that identify the dates and times in which Intuit’s TurboTax 

7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 34 of 56 * PUBLIC *; 

 

 

 

 

PUBLIC

television advertisements were aired. While the air dates may not be confidential, columns that 

identify the target rating points (TRPs) are non-public and confidential. Specifically, TRPs 

reveal the percentage of a company’s target audience that sees the advertisements, revealing 

information both about the target audience and whether Intuit was successful in reaching that 

target audience by airing the advertisement at the time and place identified. If publicly 

disclosed, Intuit’s competitors could similarly leverage Intuit’s information to either undermine 

or counteract Intuit’s marketing campaigns or to develop strategies for reaching target audiences 

relying on Intuit’s data, giving Intuit’s competitors an unfair business advantage. GX 857–868 

and RX 1372–1376 contain detailed data compiling Intuit interactions with persons who 

contacted Intuit’s customer support staff. Intuit uses these documents to evaluate and integrate 

consumer feedback into its business strategies going forward. Further, the documents reveal 

Intuit’s processes and strategies for soliciting, tracking, and responding to customer feedback. If 

publicly disclosed, Intuit’s competitors would have access to Intuit-specific feedback and may 

capitalize on this information to undercut Intuit’s reputation or consumer messaging. Intuit’s 

competitors may also capitalize on this information for their own benefit by implementing 

systems and strategies based on Intuit’s, giving them an unfair competitive advantage. Intuit has 

gone to great lengths to ensure that its sales and marketing strategies remain confidential. Only 

employees who need this information to carry out their duties have access to this information, 

and Intuit’s has systems in place to ensure that its sales and marketing information remains 

confidential. 

18. Sensitive Personal Information. GX 857-868 and RX 820, 821, 1372, and 1373 

are spreadsheets that contain the emails, phone numbers, and demographic details of consumers 

who have contacted Intuit’s customer support staff. Intuit also understands that certain records 

8 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 35 of 56 * PUBLIC *; 

 

 

 

 

 

 

PUBLIC

within these large datasets may also include customers’ highly confidential personal information, 

including tax information and social security numbers. Because this information relates to third 

parties’ personal, financial, and tax history, it reveals sensitive personal information and should 

be protected from public disclosure. 

19. Trade Secrets and Product Development. GX 431-437, 444, 660, and 661 and 

RX 55 and 579 are spreadsheets and other data compilations that reveal how Intuit tests and 

evaluates TurboTax products and features, manages consumer interactions and behavioral trends, 

and evaluates advertisement effectiveness. For example, RX 579 includes a highly confidential 

breakdown of Intuit’s learned consumer behavior trends, including consumer rationales and 

interests in various product offerings, the most effective methods used to reach various consumer 

segments, and an evaluation of improvements made to these strategies over time to increase 

effectiveness. Intuit manages the dissemination of this information within the company through 

internal systems that limit access to only Intuit employees or agents who necessarily use the 

information to perform their business functions. If the information in these documents is 

disclosed, Intuit’s harm would be two-fold. First, Intuit’s competitors could replicate Intuit’s 

current strategies and immediately employ Intuit’s confidential and developed trade secrets used 

to reach individual, discrete consumer segments. This could result in Intuit losing its customer 

base, and its competitive advantage. Second, Intuit’s competitors could use this information to 

undermine or counteract Intuit’s strategies by shaping their own marketing plans to account for 

this information. This would give competitors an unfair advantage over Intuit and allow 

competitors to benefit from the resources and strategies that Intuit has put in place to maintain its 

competitive advantage and retain its customer base. 

9 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 36 of 56 * PUBLIC *; 

 

 

PUBLIC

B. Internal Intuit White Papers, Creative Briefs, Strategy Documents, and 

Other Reports 

20. Business Strategy/Strategic Initiatives. GX 396, 638, 639, and 641 and RX 368, 

811, and 814 are white papers, creative briefs, strategy documents, and other reports that discuss 

Intuit’s business model and strategic initiatives. These documents also evaluate the competitive 

landscape, relevant market trends, and TurboTax’s position relative to its competitors. Based on 

this information, these documents detail key short- and long-term strategic initiatives, including 

strategic financial investment allocations, product focus decisions, and potential areas for growth 

and acquisition. Disclosure of these documents would cause immediate financial, business, and 

competitive harm to Intuit, as these documents detail Intuit’s highly confidential assessment of 

areas of potential growth and financial investment and would give Intuit’s competitors an unfair 

competitive advantage. If competitors obtained access to Intuit’s confidential business strategies 

and initiatives, Intuit’s competitors could use Intuit’s business and strategic initiatives to 

undercut or respond to Intuit’s strategies, making them less effective or potentially unviable. 

Moreover, Intuit’s competitors could attempt to capitalize on strategic opportunities identified in 

the documents, essentially stealing Intuit’s strategies. 

21. Financial Data. GX 396, 638, and 639 and RX 811 are internal Intuit white 

papers and reports, portions of which reveal Intuit’s financial strategies, non-public financial 

projections and data, as well as the confidential metrics and methods Intuit uses to make those 

projections. For instance, Intuit circulates this information internally to only those individuals 

who need access in the course of their work and only offers employees access to where those 

documents are stored if needed. Intuit also relies on this financial data in making strategic 

business decisions. If Intuit’s competitors gained direct insight into Intuit’s financial health and 

business strategies, and how Intuit’s confidential metrics are used as part of its business analysis, 

10 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 37 of 56 * PUBLIC *; 

 

 

 

PUBLIC

it would allow competitors to develop strategies to undermine Intuit’s marketing and sales. For 

instance, disclosure of this information would provide Intuit’s competitors with direct insight 

into Intuit’s most profitable business segments, product mixes, and customer groups, which 

would allow Intuit’s competitors to undercut and target its most successful business lines using 

such information. Moreover, competitors would be able to determine Intuit’s business strategies 

based on those financial metrics and develop their own strategies to respond to or counteract 

Intuit’s. 

22. Sales and Marketing Strategy. GX 634-635, 641, 673, 682, and 683 and RX 

365-366, 368, 811, 814, and 1547 are white papers, creative briefs, strategy documents, and 

other reports that reveal highly confidential internal business and marketing strategy, including 

Intuit’s reasons for making key decisions about the marketing and promotion of its products and 

the process by which Intuit reached those decisions. RX 1547 is a draft video advertisement for 

Intuit’s Tax Year 2022 Free Edition creative campaign that has not yet aired publicly. Intuit’s 

creative campaigns and strategic marketing decisions include efforts to differentiate its products 

and deliver distinct messages to better reach consumers and address needs identified through 

multiple years of market research and analysis. If Intuit’s confidential marketing strategy and 

business metrics were disclosed to its competitors, Intuit’s competitors would be able to 

undermine or counteract Intuit’s strategies. For example, Intuit’s competitors could release their 

own marketing to coopt, dilute, or directly respond to Intuit’s marketing both in the short term 

and over Intuit’s planned long-term use of many of its creative strategies. Moreover, Intuit’s 

competitors could develop business strategies to undermine or counteract the strategies reflected 

in choosing certain advertisements, which often reflect internal decision-making and institutional 

knowledge that Intuit has developed about products and pricing over time. Even when the ads 

11 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 38 of 56 * PUBLIC *; 

 

PUBLIC

are published, Intuit’s multi-year development of its methodology used to develop and choose 

that ad campaign remains confidential. 

23. Trade Secrets and Product Development. GX 396 is an internal strategy 

document containing highly confidential trade secrets, including the metrics Intuit uses to track 

the effectiveness and profitability of its products. This document summarizes Intuit’s current 

business model and strategy initiatives. It also includes a discussion of Intuit’s future strategy 

and details key market, customer, and competitive factors against which Intuit must innovate to 

stay competitive in the short and long term. Intuit keeps this information confidential through 

internal systems that limit access to only Intuit employees or agents who necessarily use the 

information to perform their business functions. By disclosing Intuit’s trade secrets and product 

developments, these confidential metrics would provide Intuit’s competitors with an unfair 

competitive advantage and allow them to either undermine, counter, or copy Intuit’s current and 

future business strategies. 

C. Internal Intuit Emails 

24. Business Strategy/Strategic Initiatives. GX 393 and 443 are internal Intuit email 

communications that contain accompanying internal presentations regarding financial forecasts, 

market and consumer trends, and future initiatives. Portions of these exhibits discuss 

confidential business strategy relating to Intuit’s free and paid commercial products. The 

documents reveal Intuit’s internal business strategy, including future business plans and strategy 

goals, relating to Intuit’s free and paid commercial products as well as specific metrics and 

methods used by Intuit to track the effectiveness and profitability of its products, and how those 

metrics are used as part of an analysis to shape future business decisions. For example, GX 393 

includes a detailed discussion of future strategy to address consumer feedback and tailor creative 

12 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 39 of 56 * PUBLIC *; 

 

 

 

 

 

 

 

PUBLIC

campaign messaging more effectively. If this confidential information were publicly disclosed, 

Intuit’s competitors would gain detailed insight into business strategies Intuit is currently 

working to implement to gain a competitive advantage, one which would be nullified if Intuit’s 

competitors also adopted it. 

25. Financial Data. GX 658 is an internal Intuit email communication, which 

contains an accompanying internal presentation, regarding earnings results and financial 

forecasts. Portions of this exhibit discusses Intuit’s financial strategies, non-public financial 

projections and data, as well as the confidential metrics and methods Intuit uses to make those 

projections. For instance, Intuit circulates this information internally to only those individuals 

who need access in the course of their work and only offers employees access to where those 

documents are stored if needed. Intuit relies on this financial data in making strategic business 

decisions. If this confidential information were publicly disclosed, Intuit’s competitors would 

gain direct insight into Intuit’s financial health and business strategies. Public disclosure of this 

information would also reveal Intuit’s highest performing customer segments and product mixes, 

information confidential to Intuit because of its critical role in Intuit’s ongoing business model. 

If disclosed, competitors would be able to target those customer segments or otherwise work to 

undermine or counteract Intuit’s strategies, gaining an unfair advantage. 

26. Pricing and Pricing Strategy. GX 395 is an internal Intuit email communication, 

which discusses Intuit’s pricing strategies and current financial trends used to inform those 

strategies. This information is non-public, and Intuit relies on it in making strategic business 

decisions. If this confidential information were publicly disclosed, Intuit’s competitors would 

gain direct insight into Intuit’s pricing methodology, one of the main factors on which Intuit 

competes with its competitors. Public disclosure of Intuit’s pricing model would allow Intuit’s 

13 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 40 of 56 * PUBLIC *; 

 

 

PUBLIC

competitors to undercut Intuit on price and financially harm Intuit by developing strategies that 

target Intuit’s market share and its most important customer and product segments. 

Sales and Marketing Strategy. GX 655 and 658 and RX 334 are internal Intuit 

email co

27. 

mmunications, some of which contain accompanying internal presentations, regarding 

advertisement spending allocations, go-to-market plans, market and consumer trends, consumer 

reviews, and other marketing strategies. Portions of these exhibits reveal confidential marketing 

strategy, including key marketing decisions, as well as metrics and tools deployed by Intuit to 

track customer usage of its products and product performance that are currently in use by Intuit 

and central to the development of the company’s business strategy. Intuit manages the 

dissemination of this information within the company through internal systems that limit access 

to only Intuit employees or agents who necessarily use the information to perform their business 

functions. If this confidential information were publicly disclosed, Intuit’s competitors would 

gain detailed insight into Intuit’s ongoing and future sales and marketing initiatives and 

strategies, an essential component of Intuit’s overall business strategy to increase its market 

share and gain and retain more customers. Intuit has already heavily invested in these marketing 

strategies and early access would also provide Intuit’s competitors with time to tailor their own 

marketing strategies to undercut or counteract Intuit’s, giving them an unfair competitive 

advantage and the potential ability to gain portions of Intuit’s customer base. 

28. . GX 393, 397, 655, and 658 and RX 

334 are internal I

Trade Secrets and Product Development

ntuit email communications, some of which contain accompanying internal 

presentations, regarding growth strategy, advertisement performance, product offerings, and 

business metrics. Portions of these exhibits contain highly confidential trade secrets including 

the metrics Intuit uses to track the success of its organic search marketing, the effectiveness and 

14 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 41 of 56 * PUBLIC *; 

 

 

PUBLIC

profitability of its products, customer usage of its products, and an analysis of the financial effect 

of certain business decisions. Intuit manages the dissemination of this information within the 

company through internal systems that limit access to only Intuit employees or agents who 

necessarily use the information to perform their business functions. If this confidential 

information were publicly disclosed, Intuit’s competitors would gain detailed insight into Intuit’s 

multi-year business strategies and metrics. Those competitors could use that information to 

revise their own product mixes and strategic initiatives to respond to or counteract Intuit’s 

strategies, giving them an unfair competitive advantage. For instance, Intuit’s competitors could 

respond to Intuit’s confidential strategies by developing and emphasizing product bundles or 

additional features that Intuit is currently considering but has not yet launched. 

D. Internal Intuit Presentations 

29. Business Strategy/Strategic Initiatives. GX 394, 399-400, 402, 403, 410, 457, 

636, 637, and 659 and RX 39, 45, 51, 53-54, 60, 61, 379, 592, 594, 706, and 810 are internal 

Intuit presentations prepared for campaign performance and business strategy reviews. Portions 

of these exhibits describe confidential business strategy relating to Intuit’s free and paid 

commercial products. The documents reveal Intuit’s internal business strategy, including future 

plans and strategy goals, relating to Intuit’s free and paid commercial products as well as specific 

metrics and methods used by Intuit to track the effectiveness and profitability of its products, and 

how those metrics are used as part of an analysis to shape future business decisions. If this 

confidential information were publicly disclosed, Intuit’s competitors would gain detailed insight 

into Intuit’s business strategies and metrics and could revise their own business strategies to take 

advantage of that information. For example, certain of these presentations include detailed 

analysis of how Intuit determines which advertising campaigns to use. Intuit has invested 

15 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 42 of 56 * PUBLIC *; 

 

 

 

PUBLIC

substantial time and resources over many years to develop methodologies to evaluate creative 

campaigns, product mixes, and pricing strategies to capitalize on growth opportunities during an 

upcoming tax season. Public disclosure of this multi-faceted approach would undermine Intuit’s 

own initiatives and provide its competitors insights into Intuit’s methodology. Those 

competitors could then develop strategies to undermine or counteract Intuit’s strategies or 

repurpose Intuit’s information for their own benefit, giving them an unfair competitive 

advantage. 

30. Financial Data. GX 392, 398-399, 401–403, 410, 441-442, 451-452, 452-A, 453, 

453-A, 457, and 659 and RX 51, 53-54, 59, 594, and 810 are internal Intuit presentations 

prepared for end of season performance reviews, weekly update meetings, campaign 

performance reviews, business strategy reviews, consumer survey studies, and various other 

purposes. Portions of these exhibits reveal Intuit’s financial strategies, non-public financial 

projections and data, as well as the confidential metrics and methods Intuit uses to make those 

projections. Intuit circulates this information internally to only those individuals who need the 

access in the course of their work and only offers employees access to where those documents 

are stored if needed. Intuit also relies on this financial data in making strategic business 

decisions. If this confidential information were publicly disclosed, Intuit’s competitors would 

gain direct insight into Intuit’s financial health and business strategies. For instance, disclosure 

of this information would provide Intuit’s competitors with direct insight into Intuit’s most 

profitable business segments, product mixes, and customer groups, which would allow Intuit’s 

competitors to undercut and target its most successful business lines using such information. 

Moreover, competitors would be able to determine Intuit’s business strategies based on those 

financial metrics and develop their own strategies to respond to or counteract Intuit’s. 

16 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 43 of 56 * PUBLIC *; 

 

 

PUBLIC

31. Pricing and Pricing Strategy. GX 636 and RX 51, 53, and 59 are internal Intuit 

presentations prepared for business strategy reviews, consumer survey studies, and various other 

purposes. Portions of these exhibits reveal information concerning Intuit’s pricing strategy, 

specifically product usage by specific groups of customers, as well as tools deployed by Intuit to 

track customer usage of its products. This information is non-public, and Intuit relies on it in 

making strategic business decisions. Intuit manages the dissemination of this information within 

the company through internal systems that limit access to only Intuit employees or agents who 

necessarily use the information to perform their business functions. If this confidential 

information were disclosed, Intuit’s competitors could use it to undermine Intuit’s business 

strategy. Public disclosure would also reveal Intuit’s financial strategies used to capitalize on 

consumer behavioral trends during the tax season to maximize profit and invest in certain 

customer segments and product mixes to drive sales. Competitors could use that information to 

respond to or undercut Intuit’s strategies, or adopt those strategies themselves, giving them an 

unfair competitive advantage resulting in serious competitive and commercial harm to Intuit. 

32. Sales and Marketing Strategy. GX 392, 398-399, 401, 409, 409-A, 441-442, 451-

452, 452-A, 453, 453-A, 456-457, 460-461, 472-473, 636, 643–646, 648-649, 651, 653, 659, 

662, 664, 665, 681, and 688–690 and RX 39, 45, 52-54, 57, 60-61, 371, 379, 592, 594, 596, 

706, 809, 810, 1543, and 1545 are internal Intuit presentations prepared for campaign 

performance and business strategy reviews. Portions of these exhibits reveal confidential 

marketing strategy, including key marketing decisions, as well as metrics and tools deployed by 

Intuit to track customer usage of its products and product performance that are currently in use 

by Intuit and central to the development of the company’s business strategy. Intuit’s marketing 

initiatives and creative campaigns are an essential component of its overall strategic initiatives. 

17 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 44 of 56 * PUBLIC *; 

 

 

 

 

PUBLIC

Intuit invests significant time and resources into crafting consumer messaging, evaluating 

consumer needs, and targeting certain consumer segments by product need. This distinct and 

differentiated approach is one of Intuit’s main business strategies to grow its consumer base. If 

this confidential information were publicly disclosed, Intuit’s competitors would gain detailed 

insight into Intuit’s business strategy and metrics and could revise their own business strategy to 

take advantage of Intuit’s confidential information. Competitors could also use this information 

to respond to or counteract Intuit’s strategies, giving them an unfair competitive advantage, 

resulting in serious competitive and commercial harm to Intuit. 

33. Trade Secrets and Product Development. GX 392, 394, 398-399, 401-403, 409, 

409-A, 410, 441-442, 451-452, 452-A, 453, 453-A, 456-457, 460-461, 472-473, 636, 643–645, 

649, 651, 659, and 665 and RX 39, 52-53, 592, and 706 are internal Intuit presentations 

prepared for campaign performance and business strategy reviews. Portions of these exhibits 

contain highly confidential trade secrets including the metrics Intuit uses to track the success of 

its organic search marketing, the effectiveness and profitability of its products, customer usage of 

its products, and an analysis of the financial effect of certain business decisions. Intuit manages 

the dissemination of this information within the company through internal systems that limit 

access to only Intuit employees or agents who necessarily use the information to perform their 

business functions. If this confidential information were publicly disclosed, Intuit’s competitors 

would gain detailed insight into Intuit’s trade secrets and evaluative methodologies. Specifically, 

public disclosure would reveal the metrics core to Intuit’s decision making and the manner in 

which Intuit plans to develop its products and business model over the long term. Over the 

years, Intuit has expended considerable resources to develop innovative products and services, to 

compete in the tax-preparation market. By providing Intuit’s competitors with a preview of such 

18 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 45 of 56 * PUBLIC *; 

 

 

 

 

PUBLIC

initiatives, Intuit’s competitors could gain a competitive advantage to copy or counter these 

initiatives and potentially overtake a portion of Intuit’s customer base. 

E. Investigatory Transcripts and Other Litigation Documents 

34. Financial Data. GX 80, 745–747, and 749 and RX 401, 402, 599, 600, 698, 

1016–1018, 1027, 1345, and 1394–1396 are deposition transcripts, investigational hearing 

transcripts, civil investigative demand responses, expert testimony, and other litigation 

documents that reveal confidential and highly sensitive financial data, including the revenue 

received from specific groups of customers and from specific commercial products. Intuit 

circulates this information internally to only those individuals who need to access it in the course 

of their work and only offers employees access to where those documents are stored if needed. 

Intuit also relies on this data in making strategic business decisions with respect to its products. 

If this confidential information were publicly disclosed, Intuit’s competitors would gain insight 

into Intuit’s strategic methodology for investing in and allocating its marketing budget by 

channel, creative campaign, and product. Public disclosure would allow Intuit’s competitors to 

gain an unfair competitive advantage by responding to or counteracting Intuit’s strategies, or 

adopting Intuit’s strategies, taking advantage of the resources that Intuit invested in developing 

these marketing strategies over the past several years. 

35. Pricing and Pricing Strategy. RX 260, 599, and 600 are primarily deposition 

transcripts, in addition to investigational hearing transcripts, civil investigative demand 

responses, expert testimony, and other litigation documents that reveal confidential and highly 

sensitive financial data and information concerning Intuit’s pricing strategy, including the 

revenue received from specific commercial products. Intuit manages the dissemination of this 

information within the company through internal systems that limit access to only Intuit 

19 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 46 of 56 * PUBLIC *; 

 

PUBLIC

employees or agents who necessarily use the information to perform their business functions. If 

this confidential information were publicly disclosed, Intuit’s competitors would gain insight into 

Intuit’s pricing strategy, one of the main variables on which companies in the tax preparation 

industry compete. Competitors would be able to undermine or preempt Intuit’s pricing 

strategies, harming Intuit’s ability to effectively compete to grow and retain customers and 

giving competitors an unfair competitive advantage. 

36. Regulatory Strategy. GX 153, 155, and 157 are investigational hearing 

transcripts that reveal confidential regulatory strategy, including strategies for working with 

various government entities that are currently in use by Intuit and central to the development of 

the company’s regulatory strategy. Public disclosure of this regulatory strategy would provide 

Intuit’s competitors with insight into how Intuit develops and implements its regulatory 

strategies, and how those strategies relate to support Intuit’s broader strategic initiatives and 

business model. Competitors would also gain insight into Intuit’s risk management and risk 

mitigation practice

Sales

s, which could cause Intuit further competitive and commercial harm. 

37. and Marketing Strategy. GX 80, 152, 155, 157, 303, 743, 749, and 765 

and RX 65, 401, 402, 599, 600, 698, 1016–1018, 1027, 1345 (duplicate of GX 749), 1362 

(duplicate of GX 743), and 1394–1396 are civil investigative demand responses, declarations, 

and litigation documents that reveal highly confidential internal business and marketing strategy, 

including Intuit’s reasons for making key decisions about the marketing and promotion of its 

products and the process by which Intuit reached those decisions. Certain of these documents 

additionally reveal confidential business metrics and tools deployed by Intuit to track customer 

usage of its products, which are currently in use by Intuit and central to the development of the 

company’s business strategy. Intuit’s marketing initiatives and creative campaigns are 

20 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 47 of 56 * PUBLIC *; 

 

 

 

PUBLIC

developed over multi-year periods to deliver a clear and compelling message to consumers, the 

impact and effectiveness of which are studied in detail by Intuit. Public disclosure of these 

strategies would allow Intuit’s competitors to immediately develop marketing campaigns to 

counter or copy Intuit’s strategies, and therefore undercut these campaigns, giving those 

competitors an unfair competitive advantage, including the potential ability to overtake portions 

of Intuit’s customer base. 

38. Trade Secrets and Product Development. GX 80, 157, and 631 and RX 65 and 

260 are deposition transcripts, investigational hearing transcripts, civil investigative demands 

responses, and other litigation documents that contain trade secrets and confidential business 

metrics and marketing information tracked by Intuit, including advertising metrics and strategies, 

business metrics used to track the performance of the company’s products, and confidential 

information relating to the revenue Intuit has received from specific groups of customers. Intuit 

uses such information to develop its business strategy and treats it as proprietary. Portions of 

these transcripts and declarations reveal highly confidential marketing strategy, including key 

marketing decisions, as well as metrics and tools deployed by Intuit to track customer usage of 

its products and product performance that are currently in use by Intuit and central to the 

development of the company’s business strategy. Disclosing these confidential trade secrets 

would give Intuit’s competitors direct insight into how Intuit measures the success of its business 

and, by disclosing how these metrics are used as part of business analysis would allow 

competitors to counter Intuit’s business strategy, and benefit from the resources that Intuit has 

put in place to maintain its competitive advantage. Intuit’s competitors could also use the 

confidential data regarding revenue Intuit received from specific groups of consumers to 

undermine Intuit’s business strategy or to identify segments of Intuit’s customer base to which 

21 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 48 of 56 * PUBLIC *; PUBLIC

they could market competing products. The disclosure of this public information poses 

significant competitive risk to Intuit, including the potential loss of portions of its customer base. 

F. Confidential Documents Dated Earlier than 2020 

39. Business Strategy/Strategic Initiatives. GX 428 and RX 49 and 804 are white 

papers and internal reports that discuss Intuit’s business model, its revenue and market-share 

goals, and evaluate TurboTax’s position relative to its competitors. Some of them also reveal 

TurboTax revenue and user numbers. GX 297 is an internal Intuit email communication 

regarding financial forecasts, market and consumer trends, and future initiatives. The document 

reveals Intuit’s internal business strategy, including future plans and strategy goals, relating to 

Intuit’s free and paid commercial products as well as specific metrics and methods used by Intuit 

to track the effectiveness and profitability of its products, and how those metrics are used as part 

of an analysis to shape future business decisions. RX 298, 322, 325, and 377 are internal Intuit 

presentations prepared for campaign performance reviews, business strategy reviews, consumer 

survey studies, and various other purposes. The documents reveal Intuit’s internal business 

strategy, including future plans and strategy goals, relating to Intuit’s free and paid commercial 

products as well as specific metrics and methods used by Intuit to track the effectiveness and 

profitability of its products, and how those metrics are used as part of an analysis to shape future 

business decisions. Intuit invests substantial time and resources into developing these business 

initiatives, which are often forecasted well into the future. Although these documents are more 

than three years old, the strategies they divulge are still being pursued by Intuit and are often 

used in conjunction with short- and longer-term plans relating to creative campaign development 

and consumer messaging. Public disclosure would allow Intuit’s competitors to replicate or 

22 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 49 of 56 * PUBLIC *; 

 

 

PUBLIC

counter these initiatives, many of which are central to Intuit’s long term strategic growth 

opportunities and potential acquisitions. 

40. Financial Data. GX 428 is an internal white paper that discusses Intuit’s financial 

strategies and confidential methods Intuit uses to make those projections. GX 297 is an internal 

Intuit email communication that discusses Intuit’s financial strategies, non-public financial 

projections and data, as well as the confidential metrics and methods Intuit uses to make those 

projections. This document discusses and compares campaign performances, including revenue 

drivers, spending rates, and response rates. RX 50, 298, 312, 322, 377, 704, 723, and 795, are 

internal Intuit presentations prepared for end of season performance reviews, weekly update 

meetings, campaign performance reviews, business strategy reviews, consumer survey studies, 

and various other purposes. Portions of these exhibits reveal Intuit’s financial strategies, nonpublic financial projections and data, as well as the confidential metrics and methods Intuit uses 

to make those projections. Although these documents are dated earlier than 2020, the use of this 

non-public financial data is ongoing as it relates to the continuous, confidential methodologies 

and decision-making models that Intuit has developed over time and deploys in preparation for 

every tax season. For example, some of the financial metrics in these documents are still used by 

Intuit to prepare business strategies and strategic initiatives. If this confidential information were 

publicly disclosed, Intuit’s competitors would gain detailed insight into Intuit’s trend and 

forecasting analysis and revise their own strategies and business initiatives to capitalize on this 

information. For instance, disclosure of this information would provide Intuit’s competitors with 

direct insight into Intuit’s most profitable business segments, product mixes, and customer 

groups, which would allow Intuit’s competitors to undercut and target its most successful 

business lines using such information. Moreover, competitors would be able to determine 

23 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 50 of 56 * PUBLIC *; 

 

 

PUBLIC

Intuit’s business strategies based on those financial metrics and develop their own strategies to 

respond to or counteract Intuit’s, potentially allowing competitors to overtake portions of Intuit’s 

customer base. 

41. Pricing and Pricing Strategy. RX 50, 298, 312, 322, 704, 723, 765, and 795 are 

internal Intuit presentations prepared for business strategy reviews. Portions of these exhibits 

reveal information concerning Intuit’s pricing strategy, specifically product usage by specific 

groups of customers, as well as tools deployed by Intuit to track customer usage of its products. 

Although these presentations are dated earlier than 2020, the use of these pricing strategies is 

ongoing, and the information remains competitively sensitive. Intuit uses specific methodologies 

to adjust and capitalize on pricing during the tax season year over year. If this confidential data 

were disclosed, Intuit’s competitors could use it to undermine Intuit’s current pricing strategy 

and undercut Intuit’s prices, as use of this methodology is ongoing. 

42. Regulatory Strategy. GX 103 and 428 are internal Intuit white papers and 

strategy reports that discuss regulatory strategy central to the development of the company’s 

regulatory strategy. GX 14–18, 20, 21, 24, 28, 29, 34, 35, 40, 51, 69–71, 81, 92, 108, and 114 

are internal Intuit email communications and accompanying presentations regarding regulatory 

considerations. Portions of these exhibits concern highly confidential regulatory strategy, 

including strategies for working with various government entities that are currently in use by 

Intuit and central to the development of the company’s regulatory strategy. GX 38 and 68 are 

internal Intuit presentations that discuss regulatory strategy central to the development of the 

company’s regulatory strategy. Although these exhibits are dated earlier than 2020, the use of 

these regulatory strategies is ongoing, and the information remains competitively sensitive. 

24 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 51 of 56 * PUBLIC *; 

 

 

 

 

 

PUBLIC

Public disclosure could provide Intuit’s competitors with improper insight into Intuit’s regulatory 

strategy and could revise their own regulatory strategy to take advantage of that information. 

43. Sales and Marketing Strategy. GX 296 and 297 are internal Intuit email 

communications regarding marketing strategy and consumer trends, including consumer testing 

results. Disclosure of these email communications would give Intuit’s competitors detailed 

insight into Intuit’s marketing strategies and goals. RX 49 and 804 and GX 428 are internal 

white papers and strategy reports that reveals Intuit’s confidential marketing strategy, including 

methods for evaluating customer sentiment and the results of its consumer analysis continue to 

inform Intuit’s business practices. Disclosure of these documents would give Intuit’s 

competitors detailed insight into Intuit’s marketing strategies and goals. GX 656 and RX 298, 

310, 312, 322, 325, 582, 723, and 765 are internal Intuit presentations prepared for brand 

strategy and marketing reviews. Disclosure of these presentations would give Intuit’s 

competitors detailed insight into Intuit’s marketing strategies and goals. Although these exhibits 

are dated earlier than 2020, Intuit’s internal decision-making process with respect to 

advertisement messaging and creative campaigns is an ongoing process that employs a 

methodology developed by Intuit over years of iterative development. The use of these 

marketing strategies is ongoing, and the information remains competitively sensitive. If this 

confidential information were publicly disclosed, Intuit’s competitors would gain detailed insight 

into Intuit’s evaluative methodologies in determining creative campaigns and consumer 

messages in both the short and long term. Competitors could also use this information to 

respond to or counteract Intuit’s strategies, giving them an unfair competitive advantage. 

44. Trade Secrets and Product Development. GX 296 and 297 are internal Intuit 

email communications, some of which contain accompanying internal presentations, regarding 

25 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 52 of 56 * PUBLIC *; 

 

 

 

 

 

PUBLIC

growth strategy, advertisement performance, product offerings, and business metrics. Portions 

of these exhibits contain highly confidential trade secrets including the metrics Intuit uses to 

track the success of its organic search marketing, metrics by Intuit to track the effectiveness and 

profitability of its products, metrics to track customer usage of its products, all of which are 

currently in use by Intuit and central to the development of the company’s business strategy. GX 

428 is an internal Intuit white paper that discusses the metrics Intuit uses to track the success of 

its organic search marketing, metrics by Intuit to track the effectiveness and profitability of its 

products, metrics to track customer usage of its products, all of which are currently in use by 

Intuit and central to the development of the company’s business strategy. RX 310 and 723 are 

internal Intuit presentations prepared for business strategy reviews and various other purposes. 

Portions of these exhibits contain highly confidential trade secrets including the metrics Intuit 

uses to track the success of its organic search marketing, metrics by Intuit to track the 

effectiveness and profitability of its products, metrics to track customer usage of its products, all 

of which are currently in use by Intuit and central to the development of the company’s business 

strategy. Intuit manages the dissemination of this information within the company through 

internal systems that limit access to only Intuit employees or agents who necessarily use the 

information to perform their business functions. Although these exhibits predate 2020, the use of 

these trade secrets is ongoing and the information remains competitively sensitive. If this 

confidential information were publicly disclosed, Intuit’s competitors would gain detailed insight 

into Intuit’s business strategies and metrics and could revise their own business strategies to take 

advantage of that information. By disclosing how confidential metrics are used as part of 

business analysis, this information would allow Intuit’s competitors to immediately utilize 

strategies Intuit developed and financially invested in over a multi-year period. The disclosure of 

26 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 53 of 56 * PUBLIC *; 

 

 

 

 

PUBLIC

this information poses significant competitive risk to Intuit, including the potential loss of 

portions of its customer base. 

G. IRS Free File Documents 

45. Intuit exited the IRS Free File program in 2021 after the end of tax season for Tax 

Year 2020. 

46. Documents that Relate in Part to the IRS Free File Program. GX 14–18, 20, 21, 

24, 28, 29, 34, 35, 38, 40, 51, 68–71, 74–76, 80, 81, 92, 103, 108, 114, 152, 153, 155, 157, and 

397 and RX 65, 260, 815, 817, 820, 821, 825, 1018, 1027, and 1030 are email communications, 

spreadsheets and other data compilations, presentations, civil investigative demand responses, 

expert testimony, and other litigation documents that are confidential for the reasons articulated 

above but that also relate in part to the IRS Free File Program. Those portions of these 

documents that relate to Free File are wholly irrelevant to Intuit’s marketing of its commercial 

free product that is the focus of this proceeding and, for the reasons articulated above, contain 

highly sensitive and competitive information pertaining to strategic initiatives, financial data, 

regulatory strategy, pricing strategy, sales and marketing strategy, and trade secrets and product 

development that should be kept in camera. If portions of these documents that are wholly 

irrelevant and contain confidential information were publicly disclosed, it would allow Intuit’s 

competitors to better position themselves to counter Intuit’s business strategy without furthering 

the interest in the public disclosure of information relevant to this proceeding. Further, although 

GX 14–18, 20, 21, 24, 28, 29, 34, 35, 38, 40, 51, 68–71, 81, 92, 103, 108, and 114 are dated 

earlier than 2020, as addressed above, the use of these strategies is ongoing and the information 

remains competitively sensitive. If this confidential information were publicly disclosed, Intuit’s 

competitors would gain detailed insight into Intuit’s business strategies and metrics and could 

27 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 54 of 56 * PUBLIC *; 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 55 of 56 * PUBLIC *; 

 

 

 

 

 

 ___________________________ 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Intuit Inc., a corporation. Docket No. 9408 

[PROPOSED] ORDER 

Upon consideration of Intuit’s Second Motion for In Camera Treatment of Certain Trial 

Exhibits: 

IT IS HEREBY ORDERED that Intuit’s Second Motion for In Camera Treatment of 

Certain Trial Exhibits is GRANTED. 

IT IS FURTHER ORDERED that pursuant to Rule 3.45(b) of the Federal Trade 

Commission Rules of Practice, 16 C.F.R. §3.45(b), the documents identified in Attachment A to 

the Motion, and any related trial testimony, shall be subject to in camera treatment and will be 

kept confidential and not placed on the public record of this proceeding. 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: _____________________ 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/15/2023 | Document No. 607236 | PAGE Page 56 of 56 * PUBLIC *; 

 

 

 

CERTIFICATE OF SERVICE 

I hereby certify that on March 15, 2023, I caused the foregoing document to be filed 

electronically using the FTC’s E-Filing system, which will send notification of such filing to: 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

I further certify that on March 15, 2023, I caused the foregoing document to be served via 

email to: 

Roberto Anguizola 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: ranguizola@ftc.gov 

Tel: (202) 326-3284 

James Evans 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: jevans1@ftc.gov 

Tel: (202) 326-2026 

Counsel Supporting the Complaint 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

PUBLIC

Rebecca Plett 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: rplett@ftc.gov 

Tel: (202) 326-3664 

Sara Tonnesen 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: stonnesen@ftc.gov 

Tel: (202) 326-2879 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

Dated: March 15, 2023 Respectfully submitted, 

/s/ Derek Woodman 

Derek Woodman 

Counsel for Intuit Inc.