16120003 Informal Interpretation
Date
Rule
802.2, 802.3
Acquiring C would be separately reportable. Do not allocate C’s assets to A and B.
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16120002 Informal Interpretation
Date
Rule
801.1, 803.9
The facts you describe represent two reportable transactions. The Seller UPE must provide a separate filing for each of the transactions: (1) PE Fund A to acquire Target as it exists without Target...
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(203.56 KB)
16120001 Informal Interpretation
Date
Rule
802.51(c)
We agree with your analysis.
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(54.87 KB)
16110007 Informal Interpretation
Date
Rule
801.1(f)(1)(ii)
There is no general exemption for agricultural co-ops. An acquisition of co-op interests is to be treated as an acquisition of non-corporate interests.
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(110.23 KB)
16110006 Informal Interpretation
Date
Rule
801.10; Cash Tender Offer
If the Acquiring Person will acquire 50% or more of the voting securities of Target via the cash tender offer portion of the acquisition (i.e., will obtain control via voting securities purchased with...
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(85.15 KB)
Report
Report to Congress on Ethanol Market Concentration (November 2016)
Date
File
Text of the Commission Report
(155.79 KB)
FTC Issues Annual Report On Ethanol Market Concentration
Date
The Federal Trade Commission has issued its 2016 Report on Ethanol Market Concentration, an annual report required by the Energy Policy Act of 2005 “to determine whether there is sufficient...
FTC/DOJ Joint Comment to the Federal Energy Regulatory Commission (FERC) Regarding Modifications to FERC Requirements for Review of Certain Transactions and Market-Based Rate Applications
Date
Matter Number
V170000
Docket Number
RM16-21-000
The FTC and DOJ submitted a comment to FERC regarding market power in wholesale electricity markets. The comment responds to a FERC request for comments on how it assesses market power with respect to...
FTC and Department of Justice Submit Comment to FERC on Need for Careful Market Power Analysis of Electricity Markets
Date
The Federal Trade Commission and the Department of Justice’s Antitrust Division have submitted a comment to the U.S. Federal Energy Regulatory Commission (FERC) regarding market power in wholesale...
FTC Staff Provides Public Comment and Testimony in Tennessee Opposing Certificate of Public Advantage Application
Date
The Federal Trade Commission staff submitted a comment to the Tennessee Department of Health that opposes issuing a certificate of public advantage (COPA) to Mountain States Health Alliance and...
Tennessee Department of Health Public Hearing Testimony
Date
By
Alexis Gilman, Assistant Director, Mergers IV Division
Matter Number
151 0115
Discussion of the Potential Issuance of A Certificate of Public Advantage For the Proposed Merger Between Mountain States Health Alliance and Wellmont Health System
File
Text of the Commission Staff Testimony
(21.54 KB)
FTC Staff Submission to the Tennessee Department of Health Regarding the Certificate of Public Advantage Application of Mountain States Health Alliance and Wellmont Health System
Date
Matter Number
151 0115
FTC staff submitted a comment to the Tennessee Department of Health that opposes issuing a certificate of public advantage (COPA) to Mountain States Health Alliance and Wellmont Health System. If...
16110005 Informal Interpretation
Date
Rule
803.10; 803.6
The 15-day waiting period would not apply to this foreign bankruptcy (and Interp. 230 in the premerger practice manual would be inapplicable). Because this is not a US bankruptcy under Section 363(b)...
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(47.53 KB)
16110004 Informal Interpretation
Date
Rule
Item 6(b)
In Item 6(b), Limited Liability Partnerships (LLPs) must list all holders of 5% or more.
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(49.07 KB)
FTC Approves Application from HeidelbergCement AG and Italcementi S.p.A. to Divest Martinsburg, West Virginia Cement Facility and Related Assets
Date
Following a public comment period, the Federal Trade Commission has approved an application from HeidelbergCement AG and Italcementi S.p.A. to sell the Essroc cement plant in Martinsburg, West...
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