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HSR Informal Interpretations

9009011 Informal Interpretation

… business the insurance company may conduct. Although for reporting purposes separate account assets are reflected on … for Life and Accident and Health Insurance (Form 1) must report total assets excluding separate accounts, reflecting … companies that in their last regularly prepared annual report of operations used the format of Form 1 should refer …
Date
Rule
801.1(c)(2); 801.11(c)(1)
Advised that 801.1(c)(2) requires insurance company to include assets held in a separateaccount for size of person test. - JDahnke 9/20/90
HSR Informal Interpretations

9009002 Informal Interpretation

… in our view that such a transaction is exempt from the reporting requirements of the Hart-Scott-Rodino Antitrust … between (redacted) and (redacted) is exempt from the reporting requirements of the HSR Act. First, in this …
Date
Rule
802.63
Sale - leaseback in ordinary course
HSR Informal Interpretations

9009004 Informal Interpretation

… D.C. 20580 Re:Premerger Notification - Interpretation of Reporting Requirements Dear Mr. Dahnke: To confirm our … person. If you disagree with our understanding of the reporting requirements, please contact us immediately. Thank …
Date
Rule
801.15(b); 802.50
None noted
HSR Informal Interpretations

9009015 Informal Interpretation

… letter asked you to advise whether the scenario would be a reportable transaction under the Hart-Scott-Rodino Antitrust … outlined a transaction that the Act would require to be reported to the antitrust agencies at the time of the … if the parties to the partnership filed Notification and Report Forms at the formation of the partnership no filings …
Date
Rule
801.40
None noted
HSR Informal Interpretations

9008004 Informal Interpretation

… from 50% to 80% and, in itself, would, therefore, not be reportable. If there were no merger, there would be no … impact of the transaction, but in your view, the reporting requirements would be different. As I also noted, … (redacted) shall also have received chain of title reports showing all previous owners and leassees of the …
Date
Rule
801.40
The formation of the companies are steps in a subsequent merger. Since it is a merger,801.40 cannot apply. If there were no merger, then it will be subjected 801.40.
HSR Informal Interpretations

9008006 Informal Interpretation

… D.C. 20580 Re:Hart-Scott-Rodino Notification and Report Dear Mr. Sharpe: I am writing to confirm out … to the filing of a Hart-Scott-Rodino Notification and Report which I had hoped our clients transaction would fall … being required to file a Hart-Scott-Rodino Notification and Report. If my understanding is incorrect in any way, please …
Date
Rule
802.1
As long as it does not meet the size of transaction test for the aggregate total of commercialproperty. Resident property can be carved out.
HSR Informal Interpretations

9008008 Informal Interpretation

… intra-company debt, such a transaction will clearly not be reportable. This transaction described above is, in … the acquisition of Company C by Company A should not be reportable. Acquisition of Company A’s Voting Securities by …
Date
Rule
801.10(c)(2)
8/30 Advised (redacted) that as long as none of the payment of Company C’s debt to Company B was disguised consideration for the purchase of C’s stock, there is no basis for questioning the $9 MM...
HSR Informal Interpretations

8912013 Informal Interpretation

… guidance you can provide on whether this transaction is reportable under the Act. On the above facts, is the … of less than a 100% interest in a partnership and thus not reportable? In the alternative, is this transaction deemed … in the ordinary course of business and exempt from the reporting requirements of the Act? This transaction will not …
Date
Rule
7A(c)(1); 802.20 (b)
1/3/90 - called (redacted) and advised that we view - A as having acquired all of thepartnership interests, i.e., the full assets of the partnership. However, we do not view bankspace as retail since...
HSR Informal Interpretations

9101001 Informal Interpretation

… facts I provided, the transaction described below as not reported. The facts we discussed are as follows: Companies A … 30% interest in the assets of the unit to Partnership D as reportable given that this is just an intermediate step in … commitment to contribute the assets to Partnership C that a reportable transaction could occur without having been …
Date
Rule
801.40
1/2/90 - advised (redacted) that we generally prefer to have the intermediary and final events occur at the same time. He said this would likely happen in the present case but since certain filings of...
HSR Informal Interpretations

8912003 Informal Interpretation

… corporation. The contemplated transaction will be reportable under the Antitrust Improvements Act. The issue … any foreign state, foreign government or agency thereof. In reporting the contemplated transaction on behalf of A we …
Date
Rule
801.1(a)(2)
If city is municipal corporation, isnt the city, the corporation and [sic] entity and therefore the UPE? Yes (redacted) called and said she used the term corporation loosely and that in fact the city...
HSR Informal Interpretations

8912010 Informal Interpretation

… that absent an exemption the transaction is otherwise reportable under Hart-Scott-Rodino. I thank you for your …
Date
Rule
802.63(b)
Called to ask if loan by Debtor were made in the ordinary course of Lender?s business. He represented that it was, that Lender is in the business of making loans of this sort. On this representation I...
HSR Informal Interpretations

8908003 Informal Interpretation

… the proposed transaction. In order for a transaction to be reportable under the Act and the Rules, either the acquired … that stage one of the proposed transaction will not be reportable under the Act and the Rules. The letter of intent … test. Therefore, whether or not stage two is a reportable transaction will depend upon the value of each …
Date
Rule
801.2(d); 802.20(b)
None noted
HSR Informal Interpretations

8907002 Informal Interpretation

… July 13, 1989 BY HAND Patrick J. Sharpe, Esq. Pre-Merger Reporting Office Federal Trade Commission Sixth and Penn. … Hart-Scott-Rodino issues. First, where a Hart-Scott-Rodino report has been filed by the parties to an asset transaction, and additional report need not be filed on a subsequent asset transaction …
Date
Rule
801.13
I concur. Called (redacted) 7-13-89
Advocacy Filings

FTC Staff Comment to the Hon. John T. Doolittle Concerning California A.B. 671 to Require Certain Persons who File Hart-Scott-Rodino Premerger Notification to also File Reports to the California Attorney General

… File Hart-Scott-Rodino Premerger Notification to also File Reports to the California Attorney General Enviado por … File Hart-Scott-Rodino Premerger Notification to also File Reports to the California Attorney General v890079.pdf … File Hart-Scott-Rodino Premerger Notification to also File Reports to the California Attorney General …
Date
Matter Number
V890079
HSR Informal Interpretations

8906001 Informal Interpretation

… about October 8, 1988, (redacted) filed a Notification and Report Form for Certain Mergers and Acquisitions with the …
Date
Rule
7A(c)(8)
Please note - I am not an attorney. (redacted) has sold institution and now doesnot come under the jurisdiction of the FHLBB. Can the prior C-8 exemption applyto acquiring v/s of (redacted) - no. Also...
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