1107005 Informal Interpretation

Item 4(d)(ii)
Michael Verne

  – Yes.
KW concurs.


From: (Redacted)
Sent: Monday, July 18, 2011 7:04 PM
To: Verne,B. Michael; Walsh, Kathryn
Subject: Item 4(d)(ii)

Mikeand Kate:

Inorder for a document to be responsive under 4(d)(ii), it must"specifically relate to the sale of the acquired entity(s) orassets." I believe that this means that a third advisor's report oncompetition in the relevant industry would not be responsive if it does notmention the possibility of the sale of the acquired entity (because the reportwas prepared for a different purpose). Is this correct?

About 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.