August 15, 1985
Bureau of Competition
Federal Trade Commission
6th Street and Pennsylvania Avenue, N.W.
Washington, D.C. 20580
RE: REQUEST FOR INFORMAL OPINION - APPLICABILITY OF PREMERGER
NOTIFICATION RULES TO AFFILIATION OF NON-PROFIT CORPORATIONS
Dear Mr. Sharpe:
This letter shall confirm our telephone conversation on August 14, 1985 in which you indicated that the transaction described in my letter to you of August 8, 1985 (attached hereto) is not reportable under the Premerger Notification rules set forth in the Hart-Scott-Rodino Antitrust Improvement [sic] Act. You also indicated that, based upon this informal opinion, our clients should not become subject to any enforcement action or penalties as a result of this transaction, even if your office changes its policy regarding non-profit affiliations of this type.
Thank you for your prompt attention and cooperation in this matter.
Very truly yours,
STAFF COMMENTS: Dana - I think this is OK. May I have your opinion. Wayne 8/5/85. Of course the later acquisition by the JV is potentially reportable.
Looks OK to me - DA