Tag: Competition

The identity of the customer is irrelevant. If shipping from the US, count in Item 5. If shipping from a foreign location to the US, don’t count in Item 5, unless the sale is booked by a US entity. If...

In analyzing the acquisition of an insurance company or business unit, as opposed to an acquisition of a portfolio of insurance policies [i.e., an asset acquisition], you must use 802.4 in combination...

When submitting an HSR for a fund that does not yet exist: The GP can file and sign the form. If New Fund will not yet have any operations, Items 5 and 8 will be blank; Items 6 and 7 may have...

In determining whether a transaction is an acquisition or a formation, we look at what each party is contributing. When one party is only contributing cash, we treat that as an acquisition. UPDATE...

Future capital expenditures can be excluded from the size of transaction. Reimbursement for capital expenditures already made cannot be excluded.

For publicly traded stock, the value of stock held prior to the acquisition is the market price. Do not use fair market value if closing is more than 45 days out.