2007004 Informal Interpretation

Date:

Tags:

Rule:
Item 4
Staff:
Anne Six
Response/Comments:

Yes, instant messages and chat conversations may be excluded.

Question

From: Six, Anne


Sent: Monday, July 20, 2020 12:58:32 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Instant Messages

Yes, instant messages and chat conversations may be excluded.

From: [Redacted]


Sent: Friday, July 17, 2020 11:30:31 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Instant Messages

Dear all,

Does the position that text messages are not responsive (stated in informal interpretations 1810002 and 1906008) extend to instant messaging/chat conversations? We have recently seen a few brief chat conversations that make mention of market shares and other 4(c) content, but the medium does not really lend itself to preparation of responsive analysis. Most of the messages that could arguably qualify are only a few words, and no more than a sentence, long. These may be unresponsive either way, but we are wondering if they can be categorically excluded for similar reasons that text messages are categorically nonresponsive. We believe they could be but want to be sure of the PNO’s view.

 

 

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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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