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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1904005 Informal Interpretation

Staff:
Karen Berg
Rule:
Item 5(a)

Response/Comments

The focus is on where the minority‐held entity has operations, just as it would be for a controlled entity in Item 5a. Because you don’t control it, you would use the miscellaneous intermediation or...

1904001 Informal Interpretation

Staff:
Nora Whitehead
Rule:
801.10, 802.4

Response/Comments

Can you advise whether the parties may reduce the acquisition price by the assumed debt amount? No; the parties may only reduce the acquisition price by the amount of debt being retired (not assumed...

1901001 Informal Interpretation

Staff:
Timothy Carson
Rule:
801.1, 801.10

Response/Comments

The facts shared in your email do not necessarily demonstrate that Investor A is instrumental. If investigated, the agency would look at the totality of the circumstances, so Investor A will need to...

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