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Advisory Opinions

Opinion 94-2

… that the basic services fee may not be discounted; that consumers may add additional items to direct cremation, … and forwarding and receiving remains without necessarily paying the full basic services fee;  that the Rule requires disclosure of separate prices on the general price list for on-site and …
Date
Concludes that the basic services fee may not be discounted; that consumers may add additional items to direct cremation, immediate burial, and forwarding and receiving remains without necessarily...
HSR Informal Interpretations

9412002 Informal Interpretation

… 2, 1994 BY HAND Richard B. Smith Preserver Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … regulations, of the following set of transactions: 1. A partnership will be formed that will not be controlled 50% …
Date
Rule
801.11(e); 801.40; 801.90
12/12-94-Called writer and advised that, based on the facts in this letter and the order inwhich the three acquisitions will take place , that 801.11(e) is useable and that 801.40 doesnot appear...
Cases and Proceedings

Chemopharm Laboratory

… Laboratory Federal Trade Commission Decisions, Volume 118, Page 1195 … Chemopharm Laboratory …

Federal Trade Commission Decisions, Volume 118, Page 1195

Type of Action
Federal
Last Updated
HSR Informal Interpretations

9411005 Informal Interpretation

… Interpretation DATE: November 28, 1994 TOTAL NUMBER OF PAGES (Including Cover Sheet):4 FROM: (Redacted) TO: Melea Epps Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & …
Date
Rule
7A(c) (3)
12/5-I spoke w/(redacted) and explained the application of 7A(c)(3) to the redemption w/r to each UPE of the JV -
HSR Informal Interpretations

9412009 Informal Interpretation

… Interpretation Richard Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … of the consolidated leasing group of the ultimate parent corporation (which is a financial institution) of …
Date
Rule
7A(c) (1); 802.1(b)
12/4/94-Called writer who advised that A & B were selling a portion of their own assets and such assets were not held by divisions, subsidiaries or entities controlled by A or B. (He advised that A...
HSR Informal Interpretations

9412003 Informal Interpretation

… AND FEDERAL EXPRESS Ms. Melea Epps Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … of Notes. The transaction described below in this paragraph 1 is referred to in this letter as Transaction 1. …
Date
Rule
802.63; 801.15; 802.20(b)
(8/7) - Discussed w/Dick Smith, who raised the 802.20 issue. Called (redacted) and toldher that in Transaction 3, if the (redacted) makes a stock purchase that would result inholding of 50% or more of...
HSR Informal Interpretations

9412004 Informal Interpretation

… VIA HAND DELIVERY Richard B. Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … the exact percentages have not been determined, it is anticipated that each (redacted) system will have a membership …
Date
Rule
801.40; 802.40
[note 1-Advised writer that the PMN Office was in agreement with the conclusions reached in this letter based on the specific facts presented]-[note 2-IDS-STATEWIDE NETWORK(OUTLINE] - [Note 3 -PMN...
HSR Informal Interpretations

9412006 Informal Interpretation

… FIRST CLASS MAIL John M. Sipple, Jr. Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … Improvements Act of 1976 (the HSR Act or the Act) to a particular transaction we are analyzing. This letter is not …
Date
Rule
801.40; 802.1
Reportability depends on whether this plan is viewed as the formation of a joint venturecorporation and subject to 801.40. If the investors in step 4 have been identified and arecontractually...
HSR Informal Interpretations

9412007 Informal Interpretation

… 1994 VIA FACSIMILE Victor L. Cohen Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … to purchase substantially all of the assets of S, a limited partnership, for and aggregate acquisition price of …
Date
Rule
802.1(b)
Acquisition of real property which is exempt is allowable even though transactionconstitutes sale of all (redacted) realty held. Need not aggregate with other (redacted) &since they are valued at less...
HSR Informal Interpretations

9412010 Informal Interpretation

… 1994 BY OVERNIGHT MAIL Hy Rubenstein Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … D.C. 20580 Re: Investment in Limited Liability Company Dear Mr. Rubenstein: In aa telephone conversation in …
Date
Rule
801.2
None noted
HSR Informal Interpretations

9412014 Informal Interpretation

… Hy David Rubenstein Staff Attorney Premerger Notification Office Bureau of Competition Federal Trade Commission Washington, D.C. … and with which I request you concur. We represent Company X. Company X is entering into a transaction with entity …
Date
Rule
7A; 801.1(f)(1)
None
HSR Informal Interpretations

9412016 Informal Interpretation

… Informal Interpretation Nancy Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … sold for a purchase price in excess of $15 million. 2. The parties to the transaction would meet the size of the …
Date
Rule
801.1(a)(2); 7A(c)(4)
Its not crystal clear but seems to be OK-[note 1-yes]-[note 2-yes]-[note 3-yes][-note 4-yes]-[note 5 -not as convincing]-[note 6- Do we want to take on the state courts?]
HSR Informal Interpretations

9411009 Informal Interpretation

… November 30, 1994 VIA FAX AND FEDERAL EXPRESS Patrick Sharpe Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania …
Date
Called (redacted) 11-3-94-I concur with this letter exception noted.-[note 1-11-9-94] -note 2-Premerger Office]
HSR Informal Interpretations

9411007 Informal Interpretation

… FEDERAL EXPRESS John M. Sipple, Jr. Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … “October 15 Letter”) with regard to the above-referenced companies. Capitalized terms used herein and not otherwise …
Date
Rule
7A(c)(10)
11/22/94-The letter correctly reflects the advice given
HSR Informal Interpretations

9411003 Informal Interpretation

… VIA FACSIMILE Richard B. Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … proposed transaction, (redacted) and B would form a limited partnership joint venture for the purpose of providing …
Date
Rule
801.40
11/21/94-Writer confirms that A and b have agreed and intend that their respective contributors of the (redacted) assets to the partnership are part of its formation. The assets are reasonably...
HSR Informal Interpretations

9411002 Informal Interpretation

… Interpretation Victor L. Cohen Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … will be in excess of $15 million. B has no intention of participating in the formulation, determination or direction …
Date
Rule
802.9; 7A(c)(9)
None noted
HSR Informal Interpretations

9411004 Informal Interpretation

… November 21, 1994 Victor L. Cohen Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … D.C. 20580 Re: Premerger Notification - Not for Profit Affiliation Dear Mr. Cohen: This letter confirms your …
Date
Rule
801.1(b) ; 801.1(f)
see letter of 11-09-94
HSR Informal Interpretations

9411006 Informal Interpretation

… FIRST CLASS MAIL John M. Sipple, Jr. Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … NW Room 303 Washington, D.C. 20580 Re: Interpretation of the Securities Underwriter Exemption (16 C.F.R. 802.60) …
Date
Rule
802.60
Letter accurately reflects the advice given regarding the application of the 802.60 exemption for underwriters.
HSR Informal Interpretations

9411008 Informal Interpretation

… Interpretation November 22, 1994 Informal Interpretation of HSR Regulations Dear Ms. Ovuka: I am writing to memorialize our telephone conversation of November 15, 1994. We discussed the advice previously … your advice that an acquisition of a (redacted) made by a partnership controlled by a REIT (i.e., illegible the REIT …
Date
Rule
7A(c)(1)
None noted
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