1202008 Informal Interpretation

Date:
Rule:
802.30
Staff:
Michael Verne
Response/Comments:

- B's acquisition of the business contributed by A, through its 50% ownership of the JV is reportable. 802.30 is not applicable to B because it is an acquiring person but not an acquired person.

Question

From:

(Redacted)

Sent:

Tuesday, February 14, 2012 4:28 PM

To:

Verne, B. Michael

Cc:

(Redacted)

Subject:

HSR Question Regarding Acquisition by JV

Mike,

Please could you let us know your view on whether the following acquisition is reportable?

A and Bare 50/50 partners in a JV. A is selling its X business to the JV, and will remain a 50% holder of the JV.

Is the acquisition by the JV exempt as an intra-person transaction as a result of A's control of the JV? Or is B viewed as a separate acquiring person of X, and its acquisition therefore reportable?

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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