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HSR Informal Interpretations

9111015 Informal Interpretation

… 9111015 Informal Interpretation 9111015 Informal Interpretation … our phone conversations of today and yesterday in providing the Premerger Offices position regarding the … test under the Act and the Rules. On the other hand, if the transaction is otherwise reportable, that …
Date
Rule
7A(c)(2); 801.21; 801.13
The acquisition of mortgages is exempt under 7A(c)(2) and a mortgage is not an asset under 801.21. Therefore, its value need not be aggregated with other non-exempt assets under 801.13, and a person...
HSR Informal Interpretations

9111017 Informal Interpretation

… 9111017 Informal Interpretation 9111017 Informal Interpretation November 26, 1991 HAND DELIVERY Thomas Hancock, Esq. Federal Trade Commission …   Dear Mr. Hancock: I am writing this letter to confirm the oral advice you provided yesterday regarding the …
Date
Rule
802.63
OK. John Sipple expressed some reservations about a situation in which someone heard about this plan and bought up B bonds in order to acquire control of whatused to be B. Its not clear how this case...
HSR Informal Interpretations

9111018 Informal Interpretation

… 9111018 Informal Interpretation 9111018 Informal Interpretation November 27, … required to file a premerger notification under Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the Act) and the rules and interpretations (the Rules) of …
Date
Rule
801.40
This transaction is a formation of a partnership not a corporation - - not reportable. 7-31-78 SBP at 33485. Contacted (redacted); not reportable. PS. RS concurs, but notes minor flaws in letter.
Advocacy Filings

FTC Staff Comment Before the Federal Communications Commission In the Matter of Reexamination of the Effective Competition Standard for the Regulation of Cable Television Basic Service Rates

… FTC Staff Comment Before the Federal Communications Commission In the Matter of Reexamination of the Effective Competition Standard for the …
Date
Matter Number
V910020
HSR Informal Interpretations

9110016 Informal Interpretation

… 9110016 Informal Interpretation 9110016 Informal Interpretation October 25, … confirm our conversation of September 30, 1991 concerning the applicability of the Hart-Scott-Rodino Premerger Notification Requirements of …
Date
Rule
801.40
Called (redacted) 10-29-91 -- 801.40 does not apply since size thresholds are notmet. PS. RS concurs but notes flaws.
HSR Informal Interpretations

9110013 Informal Interpretation

… 9110013 Informal Interpretation 9110013 Informal Interpretation October 22, … Mr. John Sipple Assistant Director Premerger Office of the Bureau of Competition Federal Trade Commission Washing … evening, we shall, as you requested, attempt to set forth the facts of the present situation and our thoughts relating …
Date
Rule
802.63
10/23/91 Per J/Ss request, called (redacted). He advised that B was not acompetitor of A, the insurance company. I advised that A appeared to be acreditor of B and, as such, in a bona fide debt...
HSR Informal Interpretations

9110006 Informal Interpretation

… 9110006 Informal Interpretation 9110006 Informal Interpretation October 4, … D.C. 20580   Dear Mr. Smith:   I am writing in further reference to the request for advice contained in my letter of September …
Date
Rule
7A(c)(1); 802.1 (a)
10/15/91-Advised (redacted) that we viewed the sale of the voting stock as the sale of anentity whose assets consist solely of real property and assets incidental to the ownership ofreal property and...
HSR Informal Interpretations

9110010 Informal Interpretation

… 9110010 Informal Interpretation 9110010 Informal Interpretation Thomas … 8, 1991, we are writing to request your advice as to whether, in the circumstances descried below, a limited partner of a …
Date
Rule
801.1(b)
10/15/91 - Told writer that X would control because meets definition of control at the time of consummation, despite the fact that after consummation, it would no longer have 50% interest.
HSR Informal Interpretations

9110008 Informal Interpretation

… 9110008 Informal Interpretation 9110008 Informal Interpretation October 8, …   Dear Mr. Sharpe: A few weeks ago, I talked with you about the interpretation of various statements in the Statement of …
Date
Rule
802.30; 802.52
Called (redacted) 10-9-91 Basically concur with letter and noted comments. [note 1-graph regarding corporations]-[note 2-Does anyone else control A? -No confirmed from(redacted)]-[note 3-U.S. subs...
HSR Informal Interpretations

9110005 Informal Interpretation

… 9110005 Informal Interpretation 9110005 Informal Interpretation October 4, …   (redacted) represents 9redacted) in connection with the following: In (redacted) the Office of Thrift Supervision (OTS) appointed the …
Date
Rule
7A(c)(4)
Called on 10/8/91 - Based on facts presented, the acquisition is exempt under c(4) as an acquisition from a federal agency. Here, the RTC controls the financial institution through receivership; the...
HSR Informal Interpretations

9110007 Informal Interpretation

… 9110007 Informal Interpretation 9110007 Informal Interpretation October 4, … and Waiting Period Requirements in Connection with the Purchase of Voting Securities of (redacted)   Dear Mr. … and (redacted) has agreed to sell (redacted) all of the outstanding voting and other securities of (redacted) …
Date
Rule
7A(c)(4)
10/8/91-talked to (redacted). Advised that I was not speaking for the Commission but only for the PMN Office, which advice was not binding on the Commission. I agreed that, since the RTC was approving...
HSR Informal Interpretations

9110004 Informal Interpretation

… 9110004 Informal Interpretation 9110004 Informal Interpretation October 2, … Hart-Scott-Rodino Act Advice   Dear John: This will confirm the advice received on October 1, 1990 regarding the interpretation of Exemption 6, 15 U.S.C. 18a (c)(6). The …
Date
Rule
7A(c)(6)
Called on 10/3 - agree the letter reflects the advice given [note 1-Attachment]
HSR Informal Interpretations

9109009 Informal Interpretation

… 9109009 Informal Interpretation 9109009 Informal Interpretation … is hereby made to my letter to you dated September 5, 1991 (the Request Letter), a copy of which is attached hereto) in … our assertion that the Seller and (redacted), on the one hand, and the Buyer, on the other hand, are not competitors, …
Date
Rule
802.9; 7A(c)(9)
10/2/91 Called (redacted) points support the acquiring persons intent. FTC or DOJ may still investigate to determine actual intent [note 1-the conclusion the acquiring person not the staffs conclusion...
HSR Informal Interpretations

9110019 Informal Interpretation

… 9110019 Informal Interpretation 9110019 Informal Interpretation October 30, … Washington, D.C. 20580   Dear Hy: I am writing to confirm the substance of my telephone conversation with you this morning. You advised me that under the following circumstances, the parties (Company A and Bank …
Date
Rule
7A; 801.1
(redacted) says Bank also has Visa and Mastercard. Bank may or may not exit private label credit card business. Customer lists already belong to A. Transaction is exempt as ordinary course of business...
HSR Informal Interpretations

9110001 Informal Interpretation

… 9110001 Informal Interpretation 9110001 Informal Interpretation October 1, …   As we discussed briefly on Friday September 27, 1991, the parties are quite anxious to consummate this asset acquisition and are considering the following actions before the Hart-Scott-Rodino waiting …
Date
Rule
802.51
[note 1-The Foreign assets were initially exempt under 802.51(a) although they were included in the initial filing.]
HSR Informal Interpretations

9110003 Informal Interpretation

… 9110003 Informal Interpretation 9110003 Informal Interpretation … behalf of (redacted) are collectively referred to herein as the (redacted), pursuant to § 803.30 of the Code of Federal … that this letter and the matters contained herein be handled with utmost confidentiality and not b disclosed nor …
Date
Rule
§ 801.11
If two regulatory prepared balance sheets or financial statements exist covering the same period, both must be used to determine size. In this case, the GAAP balance sheet (“total assets”) would meet...
HSR Informal Interpretations

9110009 Informal Interpretation

… 9110009 Informal Interpretation 9110009 Informal Interpretation October 8, … and Waiting Period Requirements in Connection with the Purchase of Voting Securities of (redacted)   Dear Mr. … response to our letter of October 4, 1991, addressed to the attention of Mr. Elmore. Enclosed for your files is page …
Date
Rule
7A(c)(4)
None noted
HSR Informal Interpretations

9110011 Informal Interpretation

… 9110011 Informal Interpretation 9110011 Informal Interpretation October 15, … on our telephone conversation of October 11, 1991, that the Commissions staff would apply Premerger Notification Rule 801.21 (16 C.F.R. 801.21) in the manner described below to the transaction described …
Date
Rule
801.21 - 802.20 - 801.10(c) - 7A(a)(3)
See #139 new PM Practice Manual Agree that you can off set cash equivalent securities -called (redacted) [note 1-cash equivalent]-note 1-Municipal Bonds and other marketable securities]-[note 3-agreed...
HSR Informal Interpretations

9110012 Informal Interpretation

… 9110012 Informal Interpretation 9110012 Informal Interpretation October 17, … discussions with your office yesterday concerning a hypothetical Hart-Scott-Rodino question, it was suggested that the issue was somewhat complex and could be analyzed more …
Date
Rule
801.1(c); 801.90
Facts indicate that C is an agent of A and therefore, A must first file before acquisition by and through agent C. Otherwise an 801.90 violation will occur re: purpose is to evade filing between A and...
Displaying 42841 - 42860 of 44701
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