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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8609011 Informal Interpretation

Staff:
Dana Abrahamsen
Rule:
801.10

Response/Comments

Upon later review it appears that the facts are incomplete. Although subleases may not involve acquisitions of assets, a lease acquisition may be an asset acquisition where the landlord releases the...

8506002 Informal Interpretation

Staff:
Wayne Kaplan
Rule:
801.1(a)(2)

Response/Comments

The issue of which entities within a religious organization engaged in businessactivities must file is still being considered. Advice is given in each situation basedupon the individual facts of that...

8408004 Informal Interpretation

Staff:
Patricia Foster
Rule:
802.20(b)

Response/Comments

Upon later review it appears that the voting securities acquisition is exempt under 802.20 as indicated, and, though there is a contract to appoint the majority of the board, entering into such a...

8505007 Informal Interpretation

Staff:
John Sipple
Rule:
7A(d)(2)(B)

Response/Comments

No note was made on this letter at the time it was reviewed. Upon later review itappears that no special treatment can be given to any transaction or transactions merely because of asserted lack of...

8703003 Informal Interpretation

Staff:
Andrew Scanlon
Rule:
802.20

Response/Comments

Advised that this was not reportable under HSR because it did not meet the size of person test, but that the non reportable status under HSR did not exempt any transaction from all antitrust law.

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