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Date
Rule
802.70
Staff
Diana Gillis
Response/Comments

802.70 does not cover any assets outside the FTC order.

Question

[REDACTED],

No, 802.70 does not cover any assets outside the FTC order.

-Diana

From: [REDACTED]
Sent: Thursday, July 21, 2016 9:14 AM
To: Gillis, Diana L.; Walsh, Kathryn E.
Cc: [REDACTED]
Subject: 802.70 exemption

Kate / Diana,

Assuming that divestitures are required as a result of U.S. agency review of a particular deal, we understand that acquisitions pursuant to such FTC order would be exempt under 802.70. If the deal also is under antitrust review outside the U.S., and another jurisdiction requires divestitures that include U.S. assets that are not subject to the FTC divestiture order, would the acquisition of those additional U.S. assets be exempt if the HSR threshold tests otherwise are met?

Thanks for your assistance.

Best,

[REDACTED]

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.

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