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HSR Informal Interpretations

9611004 Informal Interpretation

… 9611004 Informal Interpretation 9611004 Informal Interpretation John … Competition Federal Trade Commission Washington, D.C. 20580 USA.                         Re:      (redacted) Dear Mr. … 51.09 percent of (redacted) voting securities. The transaction is to be completed on or about December 16, …
Date
Rule
802.51(d)
11/8/96 – Advised caller’s assistant that income from securities and other investments must be included in revenues for 802.51(d) even though such securities and investments may be in foreign firms...
HSR Informal Interpretations

9611001 Informal Interpretation

… 9611001 Informal Interpretation 9611001 Informal Interpretation (redacted) … your advice to me earlier this week with respect to the appropriate application of the Hart-Scott-Rodino Antitrust Improvements Act and Rules …
Date
Rule
801.1(c); #70 Premerger Notification Practice Manual
Based upon the agreement of the parties to consummate the transaction requiring C to convert debt into equity as an integral step in the acquisition process and because C will only hold the voting...
HSR Informal Interpretations

9611002 Informal Interpretation

… 9611002 Informal Interpretation 9611002 Informal Interpretation (redacted) … 5, this letter will set forth (in somewhat greater detail) the transaction that I told you about. 1. Our client, Mr. C, …
Date
Rule
801.40; Interpretation #199
Section 801.40 applies to this transaction based on the fact including: identity of the purchasers is known, sale of stock is timely to the shareholders and IPO; the money raised is used to purchase...
HSR Informal Interpretations

9611007 Informal Interpretation

… 9611007 Informal Interpretation 9611007 Informal Interpretation (redacted) … Attached is an outline of a transaction that involves the transfer of certain assets in the ordinary course. We believe that the events described in …
Date
Rule
7A(c)(1)
Acquisition of credit card servicing rights relating to the authorization, clearing & settlement of transactions based on credit card sales is considered an acquisition of assets that is exempt as...
HSR Informal Interpretations

9611009 Informal Interpretation

… 9611009 Informal Interpretation 9611009 Informal Interpretation (redacted) … of a newly formed subsidiary to a third party (Buyer). The clients current corporate structure is diagramed in Exhibit 1. The individual shareholders are twenty-two (22) natural …
Date
Rule
7A(c)(3); 7A(c)(10)
When Corp. A acquires the remaining 70% partnership interest in LTD it has acquired the LTD assets and creates a fileable event. Since the partnership is collapsed Corp. A may place the assets into...
HSR Informal Interpretations

9611012 Informal Interpretation

… 9611012 Informal Interpretation 9611012 Informal Interpretation (redacted) … Hart-Scott-Rodino Antitrust Improvements Act of 1975 (sic) (the Act) to formation of Limited Partnership and Limited … November 25, 1996 in which I requested your advice as to whether the formation of a bona fide limited partnership, …
Date
Rule
801.40 (LLC formation)
Formation of an LLC that has a governing body limited to officers, directors or employees of forming persons, who each take back a 50% interest in the LLC, is considered to be the formation of a...
HSR Informal Interpretations

9611013 Informal Interpretation

… 9611013 Informal Interpretation 9611013 Informal Interpretation (redacted) … pursuant to Rule 801.10(a)(2)(1) and Rule 801.10(c)(2), the value of voting securities acquired, it is not necessary to add to the cash consideration paid for the voting securities the …
Date
Rule
801.10 (c)(2); #118 Premerger Notification Practice Manual
None
Cases and Proceedings

Grey Advertising, Inc., In the Matter of

… Grey Advertising, Inc., In the Matter of Grey Advertising, Inc., In the Matter of … Grey Advertising, Inc., In the Matter of …
Type of Action
Administrative
Last Updated
FTC Matter/File Number
952 3231
Docket Number
C-3691
HSR Informal Interpretations

9610014 Informal Interpretation

… 9610014 Informal Interpretation 9610014 Informal Interpretation (redacted) … of October 28, 1996, where it was concluded that the following scenario is not reportable under the Hart-Scott-Rodino Antitrust Improvements Act: Four …
Date
Rule
801.10
Each of the four are acquiring an asset interest whose fair market value/purchase price is less than $15 MM. These transactions (if they meet the size-of-person test) do not meet the size-of...
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