1810002 Informal Interpretation

Date:

Tags:

Rule:
Item 4
Staff:
Kristin Shaffer
Response/Comments:

PNO does not require parties to search for and submit texts.  However, since you know you have texts with responseive 4c content, you may voluntarily produce them as described or note that they exist in a footnote.

Question

From: Shaffer, Kristin <kshaffer@ftc.gov>


Sent: Wednesday, October 24, 2018 2:56 PM


To: [Redacted]


Cc: [Redacted]


Subject: RE: HSR Item 4 Question

 

[Redacted]

PNO does not require parties to search for and submit texts. However, since you know you have texts with responsive 4c content, you may voluntarily produce them as described or note that they exist in a footnote.

Best regards,

Kristin

 

From: [Redacted]


Sent: Tuesday, October 23, 2018 1:00:54 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: HSR Item 4 Question

Dear PNO Team,

We have a general question regarding the submission of text messages with Item 4 responsive content. We searched through the informal interpretations, but did not find any on point. Since text messages are generally a back and forth conversation, which can take place over weeks, months or even years, what is the appropriate amount of texts to provide when only a single text within the string contains Item 4 content?

In our present circumstance, we have screen shots of the text messages, and we would propose including all the back and forth text messages (from both parties, even if they do not contain Item 4 content) that make up the specific conversation/topic, which all takes place on the same day. Is that acceptable, or does the PNO have other guidelines that we should follow for submitting text messages?

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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