2002003 Informal Interpretation

Date:

Tags:

Rule:
Item 7(c)(iv)
Staff:
Vesselina Musick
Response/Comments:

Item 7(c)(iv)(b) requires a list of the establishments of the person filing notification (not its customers), where the person filing notification transacted business generating revenues in an overlap NAICS code. For example, a bank would provide a list of its branch locations, not the locations of its customers.

Question

From: Musick, Vesselina


Sent: Monday, February 24, 2020 2:53:03 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Item 7(c)(iv)(b)

Item 7(c)(iv)(b) requires a list of the establishments of the person filing notification (not its customers), where the person filing notification transacted business generating revenues in an overlap NAICS code. For example, a bank would provide a list of its branch locations, not the locations of its customers.

From: [Redacted]


Sent: Monday, February 24, 2020 1:05:13 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Item 7(c)(iv)(b)

Good afternoon,

I’m preparing a filing for a client that ships preloaded, prepaid gift cards to approximately 5,000 customer locations. I’m wondering if there is some way to alleviate the burden in reporting these establishments under item 7.

The same client also sells the same type of cards to employers for their employee incentive awards programs. The cards are then distributed by the client to the individual employees receiving the award. I’m assuming the establishments from which the revenues are derived would be the employer. Let me know if that is the correct interpretation.

If you have any questions please do not hesitate to contact me by email or phone.

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.

Learn more about Informal Interpretations.