- B's acquisition of the business contributed by A, through its 50% ownership of the JV is reportable. 802.30 is not applicable to B because it is an acquiring person but not an acquired person.
Tuesday, February 14, 2012 4:28 PM
Verne, B. Michael
HSR Question Regarding Acquisition by JV
Please could you let us know your view on whether the following acquisition is reportable?
A and Bare 50/50 partners in a JV. A is selling its X business to the JV, and will remain a 50% holder of the JV.
Is the acquisition by the JV exempt as an intra-person transaction as a result of A's control of the JV? Or is B viewed as a separate acquiring person of X, and its acquisition therefore reportable?