1311006 Informal Interpretation



Michael Verne

1. The acquiring entity can file on behalf of the two UPEs on one form.

2. Two fees unless covered by §803.9(c)


From: (Redacted)
Sent: Thursday, November 14, 2013 9:52 AM
To: Verne, B. Michael; Walsh, Kathryn
Subject: Question

Mike and Kate-

Quick question for you: Where an acquiring entity is held 50/50 by two UPEs, am I correct that each UPE separately submits a filing, and each pays a separate filing fee (i.e., a total of two fees)? My recollection is that where the acquired entity has two UPEs you only pay one fee, but where the acquiring entity has two UPEs you're stuck with two fees. But I confess it has been a while since this situation has arisen, so I wanted to double check. Thanks in advance. I hope you both are well.


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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.

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