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HSR Informal Interpretations

9902004 Informal Interpretation

… corporation is selling approximately 10% of its assets for cash, so the determination is needed primarily for technical …
Date
Rule
801.1(c)(4)
2/5/99-Writer advises that father has contributed his 10 shares of voting stock to trust which is to exist for ten years with stock then to revert back to grantor, i.e., father. This is a...
HSR Informal Interpretations

9902005 Informal Interpretation

… to own less than 5% of the voting shares of non bank companies to passive investments below 5%. Similarly, a bank …
Date
Rule
7A(c)(7); 7A(c)(8);7A(c)(9);802.9
2/4/99 - faxed letter to J. Sidorov [DOJ]. He checked with Potter [DOJ] and the DOJ Banking Division. View was that since intent of [redacted] is to acquire [redacted], the present intent for the 4.9%...
HSR Informal Interpretations

9902003 Informal Interpretation

… and (c) RO and CB will each receive from Newco $100,000 in cash as "boot." For at least two years after the date of the …
Date
Rule
801.1(b)(2); 801.2
2/4/99 Left phone mail message for writer. Since transfer of hospitals to Newco by RO and CB are now viewed as acquisitions by Newco, Newco can acquire one of the hospitals without reporting but its...
Early Termination Notices

19991351: Triarc Companies, Inc.; Mr. and Mrs. Joseph J. Rosamilia

… 19991351: Triarc Companies, Inc.; Mr. and Mrs. Joseph J. Rosamilia HSR Early Termination Notice 19991351: Triarc Companies, Inc.; Mr. and Mrs. Joseph J. Rosamilia 19991351 … Distributors, Inc. Mr. and Mrs. Joseph J. Rosamilia Triarc Companies, Inc. … 19991351: Triarc Companies, Inc.; Mr. and …
Date
Acquiring Party
Triarc Companies, Inc.
Acquired Party
Mr. and Mrs. Joseph J. Rosamilia
Acquired Entities
Millrose Distributors, Inc.
HSR Informal Interpretations

9911005 Informal Interpretation

… other obligations referred to in section 7A(c)(2), and cash are exempt. Our view is that the following asset accounts are securities, cash, or the equivalent of cash and are exempt: Investment … likewise exempt. Prepaid expense and prepaid tax accounts Settlement accounts including check clearing, automated …
Date
Rule
802.21, 802.2(d)(2)
1/16/99 Informed the writer that the approach reflected in this letter seems to be a reasonable one and the conclusions reached seem not unreasonable. UPDATE May 31, 2016: The advice related to 802.2...
Early Termination Notices

19991067: DLJ Merchant Banking Partners II, L.P.; PATS, Inc.

… 19991067: DLJ Merchant Banking Partners II, L.P.; PATS, Inc. HSR Early Termination Notice 19991067: DLJ Merchant Banking Partners II, L.P.; PATS, Inc. 19991067 PATS, Inc. PATS, Inc. DLJ Merchant Banking Partners II, L.P. … 19991067: DLJ Merchant …
Date
Acquiring Party
DLJ Merchant Banking Partners II, L.P.
Acquired Party
PATS, Inc.
Acquired Entities
PATS, Inc.
Early Termination Notices

19991082: Fisher Companies Inc.; Retlaw Enterprises, Inc.

… 19991082: Fisher Companies Inc.; Retlaw Enterprises, Inc. HSR Early Termination Notice 19991082: Fisher Companies Inc.; Retlaw Enterprises, Inc. 19991082 Retlaw … Television Broadcasting Retlaw Enterprises, Inc. Fisher Companies Inc. … 19991082: Fisher Companies Inc.; Retlaw …
Date
Acquiring Party
Fisher Companies Inc.
Acquired Party
Retlaw Enterprises, Inc.
Acquired Entities
Retlaw Enterprises/South West Oregon Television Broadcasting
Early Termination Notices

19990844: DLJ Merchant Banking Partner II, L.P.; Nextel Partners, Inc.

… 19990844: DLJ Merchant Banking Partner II, L.P.; Nextel Partners, Inc. HSR Early Termination Notice 19990844: DLJ Merchant Banking Partner II, L.P.; Nextel Partners, Inc. … 19990844 Nextel Partners, Inc. Nextel Partners, Inc. DLJ Merchant Banking Partner II, L.P. … 19990844: DLJ Merchant …
Date
Acquiring Party
DLJ Merchant Banking Partner II, L.P.
Acquired Party
Nextel Partners, Inc.
Acquired Entities
Nextel Partners, Inc.
Cases and Proceedings

Medtronic, Inc., In the Matter of

… a direct competitor of Physio-Control, would control both companies as a result of the acquisition and thereby …

A final consent order settles allegations stemming from Medtronic's proposed acquisition of Physio-Control International Corporation's automatic external defibrillator business. According to the complaint, Medtronic, through its controlling interest in SurVivaLink Corporation, a direct competitor of Physio-Control, would control both companies as a result of the acquisition and thereby increase the likelihood of coordinated interaction which could result in increased prices and reduce innovation in the market. The consent order requires Medtronic to become a passive investor in SurVivaLink and reduce many of its present and future business contacts with the firm.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
9810324
Docket Number
C-3842
Federal Register Notice

American College for Advancement in Medicine; Analysis to Aid Public Comment

… American College for Advancement in Medicine; Analysis to Aid Public Comment Federal Register Notice American College for Advancement in Medicine; Analysis to Aid Public Comment 962 3147 981216americancollegeforadvancement.pdf … American College for Advancement in …
Date
Cases and Proceedings

SoftSearch Holdings, Inc., and GeoQuest International Holdings, Inc.

… engineers to find additional oil and gas reserves. The settlement requires Dwight to license a complete set of well …

Consent order settles charges that the acquisition of Petroleum Information Corporation could create a monopoly for production and well history data used by geologists and petroleum engineers to find additional oil and gas reserves. The settlement requires Dwight to license a complete set of well history to HPDI, an independent competitor, or another Commission-approved licensee.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
9510130
Docket Number
C-3759
HSR Informal Interpretations

9809012 Informal Interpretation

… of $100 million, and partner B contributes $50 million in cash to the partnership and, for tax reasons, pays $25 … that the formation of a partnership between two or more companies with an initial contribution of capital is … Office has taken the position that the presence of cash equalization payments does not alter this result. Our …
Date
Rule
801.90
"9/28;98-Left voice mail message for writer that this transaction is viewed by the Premerger Office as a partnership formation and that the case equalization payment made by one of formers directly to...
HSR Informal Interpretations

9809006 Informal Interpretation

… approximately $7.5 million plus approximately $2 million in cash. As we discussed, with respect to the first set of … of $7.5 million in land and approximately $2 million in cash by Person X in connection with the acquisition from …
Date
Rule
7A(c)(3); 7A(c)(10); 801.1(c)(8); 802.30
9/17/98 - Called writer and advised that transaction as described would require no HSR filing due to exemptions cited. (MV also reviewed further and concurs) File #: 9809006 [PDF 50KB]
HSR Informal Interpretations

9809003 Informal Interpretation

… The first step is that the new investors will contribute cash to the new partnership. The second step is that the new partnership will purchase for cash about 38% of the partnership interests in the old … transaction is essentially equivalent to a transfer for cash of 38% interest in the existing partnership - a …
Date
Rule
801.10
" called (redacted) 9/14/98-this is a Formation of a Partnership and is Purchase of a Partnership interest., and not reportable under H.S.R."
Advocacy Filings

FTC Staff Comment Before the Federal Communications Commission Concerning Wireline Service Offerings Advanced Telecommunications Capability

… Commission Concerning Wireline Service Offerings Advanced Telecommunications Capability Enviado por … Commission Concerning Wireline Service Offerings Advanced Telecommunications Capability v980030.pdf Advocacy … Commission Concerning Wireline Service Offerings Advanced Telecommunications Capability …
Date
Matter Number
V980030
Cases and Proceedings

Columbia/HCA Healthcare Corp, In the Matter of

… as required by a 1995 consent order. The complaint and settlement were filed in the U.S. District Court for the …

Columbia MCA paid a $2.5 million civil penalty to settle charges that it failed to divest the Davis Hospital and Medical Center in Layton, Utah, the Pioneer Valley Hospital in West Valley City, Utah and the South Seminole Hospital in Florida as required by a 1995 consent order. The complaint and settlement were filed in the U.S. District Court for the District of Columbia.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
961 0013
Docket Number
C-3544
HSR Informal Interpretations

9807001 Informal Interpretation

… questions or comments regarding the foregoing. Thank you in advance for your prompt consideration of this matter. Very …
Date
Rule
801.11; 801.20
Called (redacted) 7/2/98- This letter needed clarification of the facts. Since the two officers (UPEs) that control Newco have less than $10.0 mm, the formation of Newco and subsequent acquisition do...
HSR Informal Interpretations

9806013 Informal Interpretation

… to the Transaction would be greater than $15 million. Cash would be the only other consideration received by the … of the total voting securities of the U.S. Issuer and (b) cash would be the only other consideration received by the …
Date
Rule
801.10; 802.50; 7A(a)(3)
Called (redacted) 7/2/98 and told him I concur with this letter and clarifications noted. RS concurs. PS- Patrick Sharpe for Nancy Ovuka
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