Question
From:
(redacted)
Sent:
Monday, April 23, 2012 11:24 AM
To:
Verne, B. Michael
Cc:
Walsh, Kathryn; (redacted)
Subject:
RE: 4(c) Drafts Question
Gotit. Thanks.
From: Verne, B. Michael [mailto:MVERNE@ftc.gov]
Sent: Monday, April 23, 2012 11:16 AM
To: (redacted)
Cc: Walsh, Kathryn; (redacted)
|Subject: RE: 4( c) Drafts Question
(redacted) -I think if you look back atthe longstanding informal interpretations that we are responding to, it isimplied, if not clearly stated, that not submitting a draft presupposes that afinal version is being submitted. Otherwise, you could call everything thatgoes to an officer "the latest draft" and not submit anything. Thelanguage in the tip sheet simply means that you don't have to submit drafts inaddition to a final version of the document, unless the draft went to theboard. We will add some language to clarify that.
From: (redacted)
Sent: Monday, April 23, 2012 11:02 AM
To: Verne, B. Michael
Cc: Walsh, Kathryn; (redacted)
Subject: RE: 4(c) Drafts Question
Mike,these questions were triggered by the last item in the new 4(c) tip sheet,which says "It has been the PNO's informal position for many years that adraft document is not responsive to Item 4(c), unless a copy of that draft issent to the Board." Given the discussion below, I'm not sure what thislanguage means. Could you clarify?
From: (redacted)
Sent: Monday, April 23, 2012 9:29 AM
To: Verne, B. Michael
Cc: (redacted) Walsh, Kathryn
Subject: RE: 4(c) Drafts Question
ThanksMike, that's what we thought but didn't know if, previously, we had beenlooking at it too narrowly.
From: Verne, B. Michael [mailto:MVERNE@ftc.govl
Sent: Monday, April 23, 2012 9:27 AM
To: (redacted)
Cc: (redacted) Walsh, Kathryn
Subject: RE: 4(c) Drafts Question
(redacted) -I think you are looking at ourposition a little too broadly, Our position is that if there is no finaldocument, the latest draft would be responsive. If there is a final version, nodrafts need to be additionally supplied unless the draft went to the board.
From: (redacted)
Sent: Monday, April 23, 2012 8:02 AM
To: Verne, B. Michael
Cc: (redacted)
Subject: 4(c) Drafts Question
HiMike, Hope you enjoyed the weekend, to be sure we have an accurateunderstanding of your position on draft documents please let me know if any ofthese documents would be responsive to 4(c):
1, Adocument being drafted by a 4(c) officer that has not been presented to theboard,
2, Adocument being drafted by a 4(c) officer who is also a board member that hasnot been presented to the board,
3, Adocument being drafted by a board member that has not been presented to theboard,
Assumeall of these documents have responsive content
Doesthis apply to documents evaluating or analyzing synergies and/or efficienciesas well?