1810004 Informal Interpretation

Date:

Tags:

Rule:
Item 6
Staff:
Kristin Shaffer
Response/Comments:

We agree.

Question

From: Shaffer, Kristin


Sent: Friday, October 19, 2018 4:02:09 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Item 6(c) in Joint Venture Formations

Jen,

We agree.

Best regards,

Kristin

 

From: [Redacted]


Sent: Friday, October 19, 2018 10:45 AM


To: [Redacted]


Subject: Item 6(c) in Joint Venture Formations

 

Hello!

I have a question relating to how to complete Item 6(c) in a joint venture formation. I checked the Green Book and Informal Interpretations and didn’t see anything on point; however, please let me know if I missed something on this.

For Item 6(c)(i) and (ii), my question relates to which NAICS codes we look to in order to determine minority holdings and associate minority holdings to report. I believe we look just to the NAICS to be reported by the JV (as opposed to overlapping NAICS of the acquiring UPE’s retained business and the expected business of the JV).

For example, in Item 6(c)(i), we report those minority holdings in entities that derived revenues in the previous year in any NAICS code in which the joint venture is also expected to report revenues. In Item 6(c)(ii) we report minority holdings of associates in entities that derived revenues NAICS in which the joint venture is also expected to report revenues. (In each case, subject to the $10 million asset limitation).

Please let me know if I have this right!

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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