8304010 Informal Interpretation

Date:
Rule:
Items 5, 7 and 9
Staff:
Staff Attorney

Question

(redacted)

April 26, 1983

Wayne Kaplan, Esq.
Staff Attorney
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
Room 301
Washington, D.C. 20580

Re:Hart-Scott-Rodino (HSR) From:

Items 5, 7 and 9

Dear Wayne:

Confirming our telephone conversations of yesterday

and today, you have advised me that it is the working position

of the Federal Trade Commissions Pre-Merger Notification Of-

fice that, in the case of a reporting person whose financial

statements for 1981 were not published until June 1982 (and

whose financial statements for 1982 are not expected to be

published until June 1983, 1981 U.S. dollar revenue data in

response to Items 5(b)(ii), 5(b)(iii) and 5(c) of the HSR

form may be utilized in connection with a filing to be made

during the next several week and such data will be deemed a

complete response for the purposes of Section 803.3 of the

HSR Rules.

You have also advised me that, in the context of a

joint venture, and for the purpose of responding to Item 7 of

the HSR form, an acquiring person in a joint venture must

examine the 4-digit SIC code industries of other acquiring

persons involved in the formation of the joint venture, as

well as the 4-digit SIC code industries in which the acquired

person (i.e. the joint venture) plans to derive U.S. dollar

revenues, to establish the 4-digit SIC code industries for

which responses to Item 7(a)-(c)(v) may be necessary. How-

ever, for purposes of determining the 4-digit SIC code

industries for which prior acquisition information may be

required by Item 9 of the HSR form, an acquiring person in a

joint venture need only consider the 4-digit SIC code

industries in which the acquired person (i.e. the joint

venture) is expected to derive U.S. dollar revenues of

$1 million or more in the most recent year.

Please advise immediately if the foregoing does

not correspond to the Governments views.

Thank you very much for your help in this matter.

(Redacted)

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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