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HSR Informal Interpretations

2401001 Informal Interpretation

… 2401001 Informal Interpretation 2401001 Informal Interpretation … <HSRHelp@ftc.gov> Subject: FW: Credit Union Merger Each filer must submit its own form and related materials: --For … declarations under penalty of perjury. I suspect your transaction is not subject to 801.30 (so a non-801.30 as you …
Date
Rule
803.5, 803.6
Each filer must submit its own form and related materials: --For the buyer credit union: cover letter, affidavit (attesting to the good faith of the buyer), form, certification, and attachments...
HSR Informal Interpretations

2401007 Informal Interpretation

… 2401007 Informal Interpretation 2401007 Informal Interpretation … of the real estate must be included in the overall transaction value. If the UPEs are different, then the dealership … real estate acquisition must be analyzed as separate transactions to determine the reporting obligations. Kind …
Date
Rule
801.2, 801.10
Is the UPE of the entity holding the real estate the same as the UPE of the dealership that is being acquired? If it is, then the value of the real estate must be included in the overall transaction...
Federal Register Notice

Rule on the Use of Consumer Reviews and Testimonials; Notice of Informal Hearing

… on the Use of Consumer Reviews and Testimonials; Notice of Informal Hearing Federal Register Notice Rule on the Use of Consumer Reviews and Testimonials; Notice of Informal Hearing R311003 P214504 notice_regarding_requests_relating_to_informal_hearing.pdf … Rule on the Use of Consumer Reviews …
Date
Cases and Proceedings

Syngenta and Corteva, FTC v.

… FTC v. The Federal Trade Commission and state partners have filed a complaint in federal court alleging that pesticide …

The Federal Trade Commission and state partners have filed a complaint in federal court alleging that pesticide manufacturers Syngenta Crop Protection and Corteva, Inc. have used so-called “loyalty” programs to block and restrict generic competition from pesticide markets, leaving farmers to pay elevated prices for crop protection. The complaint seeks to bar Syngenta and Corteva from continuing these programs and from entering into any similar arrangements in the future, and to restore competition to affected markets.

Type of Action
Federal
Last Updated
FTC Matter/File Number
191 0031
Case Status
Pending
HSR Informal Interpretations

2401002 Informal Interpretation

… 2401002 Informal Interpretation 2401002 Informal Interpretation … the outstanding voting securities of Company B (the “Transaction”), which is primarily in the business of homebuilding. The Transaction value exceeds $111.4M and the parties meet the size …
Date
Rule
802.2, 802.4
The cited informals are quite old and do not reflect our current position. “Assets incidental” are defined as “cash, prepaid taxes or insurance, rental receivables and the like.” Further, the rule...
Cases and Proceedings

CafePress, In the Matter of

… implement reasonable security measures to protect sensitive information stored on its network, including plain text …

The FTC alleged that CafePress failed to implement reasonable security measures to protect sensitive information stored on its network, including plain text Social Security numbers, inadequately encrypted passwords, and answers to password reset questions. The Commission’s proposed order requires the company to bolster its data security and requires its former owner to pay a half million dollars to compensate small businesses.

The FTC is sending payments totaling more than $370,000 to consumers who were harmed by the data security failures of online merchandise platform CafePress.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
1923209
Case Status
Pending
HSR Informal Interpretations

2401004 Informal Interpretation

… 2401004 Informal Interpretation 2401004 Informal Interpretation From: [Redacted] Sent: Monday, … or advise on how better to fill out the form? … 2401004 Informal Interpretation …
Date
Rule
Item 5
You are correct that your Item 5(a) response needs to report in 2017 10-digit NAPCS codes. You can look up an appropriate 2017 NAPCS code in the “Manufacturing and Mining” tab of this spreadsheet...
HSR Informal Interpretations

2401006 Informal Interpretation

… 2401006 Informal Interpretation 2401006 Informal Interpretation From: Shaffer, Kristin … such that Company A crosses the threshold for which it files, and (ii) acquire at least one share of Company B. …
Date
Rule
801.10
Yes, a filing can be made on that basis. The value of the non-exempt assets would not cause the HSR filing to expire. Within the year after the waiting period expires, Company A would, however, need...
HSR Informal Interpretations

2401008 Informal Interpretation

… 2401008 Informal Interpretation 2401008 Informal Interpretation … the S Corporation. In determining whether the size of transaction test is met for this transaction, do the parties value (1) only the 5 shares of voting …
Date
Rule
801.10
You should only value the voting securities and it appears that you have determined that a fair market value of the voting securities must made pursuant to 801.10. The board of directors of the...
HSR Informal Interpretations

2312005 Informal Interpretation

… 2312005 Informal Interpretation 2312005 Informal Interpretation … the lease and any equipment, to determine whether the transaction is reportable. Best regards, Kristin From: [Redacted] … it will not have an HSR filing obligation (whether the transaction is analyzed as a formation of LLC or as X’s …
Date
Rule
802.2
Based upon the information provided, the data center building and its land qualify for 802.2(c). You will need to value any additional assets, including the lease and any equipment, to determine...
Cases and Proceedings
Adjudicative Proceedings

Sanofi/Maze Therapeutics, Inc., In the Matter of

… the FTC moved to dismiss its case challenging the transaction following Sanofi’s decision to terminate its transaction with Maze Therapeutics Inc. … Sanofi/Maze …

On December 13, 2023, the FTC moved to dismiss its case challenging the transaction following Sanofi’s decision to terminate its transaction with Maze Therapeutics Inc.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
2310091
Docket Number
9422
Case Status
Closed
HSR Informal Interpretations

2312002 Informal Interpretation

… 2312002 Informal Interpretation 2312002 Informal Interpretation … Subject: RE: HSR § 802.4 [Redacted] The transaction must be analyzed as the acquisition of the target at … at the moment of closing, disregarding any subsequent actions that will be taken, and should analyze the valuation …
Date
Rule
802.4
The transaction must be analyzed as the acquisition of the target at closing. While 802.4 is always available, it must be applied to the target as it exists at the moment of closing, disregarding any...
HSR Informal Interpretations

2312003 Informal Interpretation

… 2312003 Informal Interpretation 2312003 Informal Interpretation … Dear PNO, We are writing to confirm that the following transaction would be exempt under 7A(c)(10) which exempts from … executive exercises stock options through a cashless transaction and immediately sells all of the stock that was …
Date
Rule
7A(c)(10)
We agree that 7A(c)(10) applies. If the reacquisition of the voting securities of Company Y by Mr. X (via his GRATs) is not complete by the second business day, then a filing would need to be made.
Federal Register Notice

Negative Option Rule; Notice of Informal Hearing and Request for Submissions

… Negative Option Rule; Notice of Informal Hearing and Request for Submissions Federal Register Notice Negative Option Rule; Notice of Informal Hearing and Request for Submissions P064202 … Negative Option Rule; Notice of Informal Hearing and Request for Submissions …
Date
HSR Informal Interpretations

2312006 Informal Interpretation

… 2312006 Informal Interpretation 2312006 Informal Interpretation … respectively. The waiting period expired and the transaction closed within one year of the waiting period … do not think an HSR filing should be required in this transaction. Can you please let us know if you agree, or if we …
Date
Rule
802.21
Since UPE 1 did not make a filing for the acquisition of Holdco, 802.21 does not apply and a filing would be required to cross a notification threshold.
HSR Informal Interpretations

2312009 Informal Interpretation

… 2312009 Informal Interpretation 2312009 Informal Interpretation We … No new entity is being formed as part of the merger transaction. Once the merger has been effectuated, the parties … voting securities which it did not hold prior to the transaction is an acquiring person. 12 CFR 801.2(d)(2)(ii) states …
Date
Rule
801.2
We agree with your analysis.
Cases and Proceedings

Credit Karma, LLC

… Credit Karma, LLC The Federal Trade Commission has taken action against credit services company Credit Karma for …

The Federal Trade Commission has taken action against credit services company Credit Karma for deploying dark patterns to misrepresent that consumers were “pre-approved” for credit card offers. The FTC alleges that the company used claims that consumers were “pre-approved” and had “90% odds” to entice them to apply for offers that, in many instances, they ultimately did not qualify for. The agency’s order requires the company to pay $3 million that will be sent to consumers who wasted time applying for these credit cards and to stop making these types of deceptive claims.

In January 2023, the Commission finalized the order in this case.

 In October 2024, the Federal Trade Commission sent more than $2.5 million to consumers who were misled by deceptive claims from credit services company Credit Karma.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
2023138
Case Status
Pending
HSR Informal Interpretations

2312007 Informal Interpretation

… 2312007 Informal Interpretation 2312007 Informal Interpretation … Cc: HSRHelp <HSRHelp@ftc.gov> Subject: FW: Size of Transaction + Filing Fee   We agree with excluding 1 through 4, … Canada) To: HSRHelp <HSRHelp@ftc.gov> Subject: Size of Transaction + Filing Fee Hello, We are preparing a premerger …
Date
Rule
801.10
We agree with excluding 1 through 4, but you may not exclude 5. See 1001001 Informal Interpretation | Federal Trade Commission (ftc.gov) (click through to the original letter). That doesn’t change the...
Displaying 201 - 220 of 6901
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