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.

Learn more about Informal Interpretations.

Displaying 241 - 260 of 3915

1204010 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Item 4(c)

Response/Comments

- I think if you look back at the longstanding informal interpretations that we are responding to, it is implied, if not clearly stated, that not submitting a draft presupposes that a final version...

1204009 Informal Interpretation

Staff:
Michael Verne
Rule:
801.1(a)(2)

Response/Comments

- No -that changed with the 2011 Form change rulemaking. An LLC engaged in commerce is treated the same as a corporation engaged in commerce, so any acquisition made through the LLC is reportable,...

1204005 Informal Interpretation

Staff:
Michael Verne
Rule:
15 USC 18a(c)(4) - 7A(c)(4)

Response/Comments

– Agree –Exempt under 18a(c)(4) - 7A(c)(4). No acquired person (see pt 6 of below / attached). DOJ concurs. 1 -The government is not an entity as defined in §801.1(a)(2) 2 -Therefore, it cannot be an...

1204005 Informal Interpretation

Staff:
Michael Verne
Rule:
15 USC 18a(c)(4) - 7A(c)(4)

Response/Comments

Agree Exempt under 18a(c)(4) - 7A(c)(4). No acquired person (see pt 6 of below / attached). DOJ concurs. 1 -The government is not an entity as defined in 801.1(a)(2) 2 -Therefore, it cannot be an...

1204003 Informal Interpretation

Staff:
Michael Verne
Rule:
802.30

Response/Comments

This is not exempt under 802.30, 802.30(a) reads - (a) An acquisition ... in which the acquiring and at least one of the acquired persons are, the same person by reason of 801.1(b)(1) of this chapter...

1204003 Informal Interpretation

Staff:
Michael Verne
Rule:
802.30

Response/Comments

– This is not exempt under 802.30, 802.30(a) reads - (a) An acquisition ... in which the acquiring and at least one of the acquired persons are, the same person by reason of §801.1(b)(1) of this...

1203013 Informal Interpretation

Staff:
Michael Verne
Rule:
801.11

Response/Comments

-The appropriate methodology is to deduct the value of the investments in A and B from the total asset figure on A and Bs balance sheets. The total assets for A and B are not adjusted for the...

Pages