October 3, 1983
RE: Premerger Notification Requirements
Under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976
BY FEDERAL EXPRESS
Wayne Kaplan, Esquire
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
Seventh & Pennsylvania Avenues, N.W.
Washington, DC 20580
Dear Mr. Kaplan:
By our letters to you dated July 14, 1983 and August 5, 1983, we submitted to you certain information pursuant to Section 7A(c)(5) (15 U.S.C. 18a(c)(5)) and 7A(c)(6) (15 U.S.C. 18a(c)(6)) of the Clayton Act and Section 802.6 of the premerger rules in connection with the proposed acquisition by (redacted) of all of the issues and outstanding stock of (redacted).
In that connection, we advised you that the parties had petitioned the Interstate Commerce Commission (ICC) for a determination that the transaction is exempt from any requirements for ICC approval pursuant to 49 U.S.C. 11343(e). We also forwarded to you a copy of the petition for exemption filed with the ICC and which has been assigned (redacted).
By decision and order served on (redacted) Division 2 of the ICC exempted the proposed transaction from any requirement of prior review and approval by the ICC. The exemption became effective on (redacted). We are enclosing a copy of the decision and order which has been duly certified by the Office of the Secretary of the Commission.
In view of the ICC action, we understand that antitrust exemptions set forth in 49 U.S.C. 11341(a) will be applicable and it will not be necessary for the parties to comply with the notification and waiting period requirements of the Hart-Scott-Rodino Amendment contained in 15 U.S.C. 18a.
We respectfully request that you advise us based on the action of the ICC that the parties to the proposed transaction need take no further action with your Commission and that the case will be removed from your active file.
We appreciate your continued cooperation.