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Advisory Opinions

ACMG, Inc

… and independent health care management and development company to establish society sponsored state-wide PPO Advisory …
Date
re: Proposed agreement between state medical society and independent health care management and development company to establish society sponsored state-wide PPO
HSR Informal Interpretations

9407004 Informal Interpretation

… July 12, 1994 Richard B. Smith, Esq. Premerger Notification Office Federal Trade Commission 6th Street and Pennsylvania … D.C. 20580 Re: Determining the Fair Market Value of Voting Stock Acquired In Connection with the Formation of a Joint Venture Pursuant to 16 C.F.R. 801.40. Dear Mr. …
Date
Rule
801.10
No comments provided by PNO staff.
HSR Informal Interpretations

9407008 Informal Interpretation

… (Original by U.S. Mail) Nancy Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … of last week regarding a determination of the ultimate parent entity of a limited partnership. As we discussed, an …
Date
Rule
801.1(b)(ii)
None noted
HSR Informal Interpretations

9407009 Informal Interpretation

… 1994 VIA FEDERAL EXPRESS Nancy Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … are as set forth below: A. First Transaction. 1. Company A is not engaged in manufacturing and together with its …
Date
Rule
801.11
If asset acquisition were made by Company As UPE, the individual, the value of the assetswould be included and added to Company As regularly prepared balance sheet.
Advocacy Filings

FTC Staff Comment Before the Bureau of Alcohol, Tobacco, and Firearms Concerning Relationships Between Suppliers and Retailers

… FTC Staff Comment Before the Bureau of Alcohol, Tobacco, and Firearms Concerning Relationships … Vie, 01/07/1994 - 00:00 FTC Staff Comment Before the Bureau of Alcohol, Tobacco, and Firearms Concerning Relationships … Advocacy Filing … FTC Staff Comment Before the Bureau of Alcohol, Tobacco, and Firearms Concerning Relationships …
Date
Matter Number
V940016
HSR Informal Interpretations

9406007 Informal Interpretation

… 1994 Via Fax (redacted) Nancy Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … for hire, either regularly scheduled or by charter. The palates fulfill the size-of-person criteria. Th question …
Date
Rule
7A(c)(1)
6/23-The transfer of a used (redacted) as a trade-in on a new (redacted) is exempt in the ordinary course of business. The parties are not competitors. Also, used (redacted) has been used as a...
HSR Informal Interpretations

9606005 Informal Interpretation

… EXPRESS Richard D. Smith, Esq. Premerger Notification Office Room H-303 Federal Trade Commission Sixth and … Avenue, N.W. Washington, D.C. 20580 Re: Reportability of (redacted) Transaction Dear Mr. Smith: We very much … as the four (redacted) controlled by (redacted) Corp. A, participate in a diocesan (redacted) which is directed by …
Date
Rule
801.1(b)(2); 801.1(c)(8); 802.30(non-profit acquisition)
6/19/94 Writers co-counsel advises that Bishop of diocese is one of 5 trustees of (redacted) Corp. A but does not directly appoint the other 4. Bishop also does not directly appoint three members who...
Advisory Opinions

Advisory opinion on whether proposed interlocking directorate would violate provisions of Final Order entered against SCM

… proposed interlocking directorate would violate provisions of Final Order entered against SCM Advisory opinion on … proposed interlocking directorate would violate provisions of Final Order entered against SCM Due to insufficient … proposed interlocking directorate would violate provisions of Final Order entered against SCM, Decisions Volume 103 …
Date
Due to insufficient information supplied by respondent SCM Corporation, Commission was unable to determine whether proposed interlocking directorate would violate provisions of Final Order entered...
HSR Informal Interpretations

9406005 Informal Interpretation

… June 13, 1994 Richard Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … NW Room 303 Washington, D.C. 20580 Re: Acquisition of Partnership Interest Dear Mr. Smith: I am writing to follow …
Date
Rule
801.40; 801.1(f)(1)
6/16/94-called writer and advised that the conclusions reached in this letter were correct.(The writer had previously informed me that there were no avoidance intent behind the manner in which this...
HSR Informal Interpretations

9406006 Informal Interpretation

… June 14, 1994 Tom Hancock Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … describes a merger and concludes that it is exempt under Paragraph 802.20 from Notification, Assuming my facts as to …
Date
Rule
802.20(b)
6/16/94 - Called writer and told him this is OK. [note 1-Memorandum to File]
HSR Informal Interpretations

9406004 Informal Interpretation

… VIA HAND DELIVERY Nancy Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … conversation earlier today. The facts are as follows: Company B currently has a wholly owned subsidiary, (redacted) …
Date
Rule
801.11(e)
6/15/94-Neither formation or subsequent acquisition is reportable. [note 1-If $16 MM from bank is not guaranteed by other investors (and bank not getting voting stock), then Company A appears to have...
Advisory Opinions

Elkhart General Hospital

… Elkhart General Hospital Elkhart General Hospital re: Sales of pharmaceuticals by non-profit hospital to hospital operated home health care program …
Date
re: Sales of pharmaceuticals by non-profit hospital to hospital operated home health care program
HSR Informal Interpretations

9406003 Informal Interpretation

… VIA FACSIMILE (REDACTED) Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … to determine whether our client, referred to herein as company A, and our client’s joint venture partner, herein …
Date
Rule
801.15
6/9/94 - Called letter writer and advised that I was in agreement with the analysis and conclusions in this letter. [note 1-site sketch]
HSR Informal Interpretations

9406001 Informal Interpretation

… is to confirm the verbal opinion given by you, a member of the FTC Premerger Notification Staff, on May 31, 1994. … pertained to the Federal Trade Commissions interpretation of the term asset in the Hart-Scott-Rodino Act, 15 U.S.C. 18a. The question was whether a payment made by one entity (Party A) in exchange for another …
Date
Rule
801.2
6/8/94 I called (redacted) and confirmed that the above-stated opinion constitutes the policy of the Premerger Notification Office and is not binding on the Commission.
HSR Informal Interpretations

9406002 Informal Interpretation

… VIA FACSIMILE Richard B. Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … in which we reviewed the determination of the “ultimate parent entity” of a corporation making an acquisition. …
Date
Rule
801.1(b)(2); 801.1(c)(4); 801.11(b)(1) and (2)
6/8/94-Advised writer that I agreed with his conclusion that Mrs. A did not have the contractual power to designate (or to vote in) 50% or more of the directors of the Corporation or the trustees of...
HSR Informal Interpretations

9405013 Informal Interpretation

… Interpretation May 27, 1994 Richard B. Smith Bureau of Competition Federal Trade Commission Room 323 6th Street & Pa. Ave., N.W. Washington, D.C. 20580 Dear Mr. Smith: I am … to a particular transaction involving tow existing non-profit corporations, described here as corporation A and …
Date
Rule
801.2(d)
6/3/94 - Advise author that letter correctly reflects the PMN position on non-profit merger except that in the next to last paragraph, where A would be acquiring the assets of non-profits B and C, two...
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