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 341 - 360 of 3908

1112001 Informal Interpretation

Staff:
Michael Verne
Rule:
15 USC 18a(c)(4), 801.15

Response/Comments

- (Redacted) -aggregation would be required because as you noted 801.15(a) does not include 7A(c)(4), however, you said that Fund B held more than 50% of Corp B at one point. If Fund B filed for and...

1112002 Informal Interpretation

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

Response/Comments

- I don't think 7A(c)(4) is going to work because this is a consolidation, and A and B are deemed to be acquiring each other for HSR purposes. So no transfer to or from the state agency. 802.30(...

1112002 Informal Interpretation

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

Response/Comments

- I don't think 7A(c)(4) is going to work because this is a consolidation, and A and B are deemed to be acquiring each other for HSR purposes. So no transfer to or from the state agency. 802.30(...

1112001 Informal Interpretation

Staff:
Michael Verne
Rule:
15 USC 18a(c)(4), 801.15

Response/Comments

- (Redacted) -aggregation would be required because as you noted 801.15(a) does not include 7A(c)(4), however, you said that Fund B held more than 50% of Corp B at one point. If Fund B filed for and...

1111007 Informal Interpretation

Staff:
Michael Verne
Rule:
802.4

Response/Comments

- Sorry -the 802.4 analysis has nothing to do with the size of transaction. Once you have determined that the transaction is reportable, the valuation of the non-corporate interests takes into...

1111007 Informal Interpretation

Staff:
Michael Verne
Rule:
802.4

Response/Comments

Sorry -the 802.4 analysis has nothing to do with the size of transaction. Once you have determined that the transaction is reportable, the valuation of the non-corporate interests takes into account...

1111008 Informal Interpretation

Staff:
Michael Verne
Rule:
15 USC 18a(c)(10) 7A(c)(10)

Response/Comments

- We are still taking the position that 7A(c)(10) is absolute and there is no de minimis exception. I think that's the right position, because otherwise we would be interpreting the plain...

1111008 Informal Interpretation

Staff:
Michael Verne
Rule:
15 USC 18a(c)(10) 7A(c)(10)

Response/Comments

- We are still taking the position that 7A(c)(10) is absolute and there is no de minimis exception. I think that's the right position, because otherwise we would be interpreting the plain...

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