1403006 Informal Interpretation

Date:

Tags:

Rule:
801.2(g)
Staff:
Michael Verne
Response/Comments:

Agree.

Question

From: (Redacted)
Sent: Thursday, March 13, 2014 8:35PM
To: Verne, B. Michael

Subject: New Rule on Pharmaceutical Licenses

Mike:

This will memorialize our conversation about new HSR Rule 801.2(g). You advised me that the new rule does not change the prior FTC position that an exclusive license does not lose its exclusivity simply because it is limited to a particular geographic area (e.g., the United States). In other words, it continues to be FTC's position that the grant of an exclusive license that is exclusive against the licensor only within a particular geographic territory will be reportable if the requirements of 801.2(g) are satisfied (and the other pertinent filing thresholds are met).

 

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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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