As long as the terms have not changed, a new notice letter is not necessary. The new affidavit can reference the original notice letter.
Question
From: Gillis, Diana L.
Sent: Thursday, June 29, 2017 1:44 PM
To: [Redacted]; Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin;
Storm, Evan; Whitehead, Nora
Subject: RE: Pull-and-Refile Question
As long as the terms have not changed, a new notice letter is not necessary. The new affidavit can reference the original notice letter.
From: [Redacted]
Sent: Thursday, June 29, 2017 1:33 PM
To: Gillis, Diana L.; Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin; Storm, Evan; Whitehead, Nora
Subject: Pull-and-Refile Question
Hello everyone,
If an acquiring person in a transaction subject to 16 C.F.R. 801.30 opts to pull‐and‐refile its HSR filing, does it need to resend notice to the acquired person who has already submitted its HSR filing? I did not see anything about this in the rules or PNPM or on the PNO’s website. If no new notice is required, should the new affidavit simply refer to the initial notice that was sent?
Thank you,
[Redacted]