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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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.

8702010 Informal Interpretation

Staff:
Andrew Scanlon
Rule:
801.40

Response/Comments

I advised (redacted) that the word property used in the last sentence of the second complete paragraph of P. 2 was inaccurate and that all property did not qualify. Cash only passed through the newly...

8702001 Informal Interpretation

Staff:
Andrew Scanlon
Rule:
U.S.C. 201 (c)(2)

Response/Comments

I advised (redacted) that the two transactions described are exempt- but are exempt under c(1) rather than c(2). I explained that exemption under c(2) might lead to the conclusion that all accounts...

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