1204008 Informal Interpretation

Date:
Rule:
Form Item 4(c)
Staff:
Michael Verne
Response/Comments:

  - These documents are not responsive to 4(c) - see p 4 below http://www.ftc.gov/bc/hsr/4cTipSheet.pdf  

Question

From: (redacted)
Sent: Thursday, April 19, 2012 12:13 PM
To: Verne, B. Michael

Subject:HSR Question re: 4(c)

Mike,

Assumeacquired person A, a privately-held corporation, and the acquiring person B, apublic company, have coordinated regarding the announcement of acquiring personB's acquisition of A. The two companies have prepared a press release to bepublicly circulated and a communication plan with talking points to guidediscussions of the acquisition with both the employees of company A and thegeneral public. The communication plan and press release have been reviewed byofficers of company A and contain discussion regarding the combined company'splans for new sales growth and strength in certain product market segments.These documents were not created for the purpose of analyzing the acquisition,but rather for the purpose of explaining the acquisition to employees and thepublic. Should these documents be submitted as 4(c) documents by Company A eventhough they weren't created to analyze the acquisition?

Ihave been led to believe that public-facing documents such as these are not 4c,but I have not been

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