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HSR Informal Interpretations

9302008 Informal Interpretation

… 24, 1993 CONFIDENTIAL VIA FAX Premerger Notification Bureau of Competition ATTN: Victor Cohen, Esq. Federal Trade … and Pennsylvania Ave., N.W. Washington, D.C. 20580 Re: Sale of Undeveloped Real Estate Gentlemen: Our client, [redacted] … $22,500,000.00. Ten percent of the purchase price is being paid in cash, with the remainder being financed by Seller. …
Date
Rule
7A(c)(1)
Raw timberland is exempt since it has not been harvested in 5 years. Also it is only inventory for buyer who will use it in the ordinary course of his business.
Advocacy Filings

FTC Staff Comment to the Hon. Joseph P. Mazurek Concerning the Sunset Review of Montana's "Any Willing Provider" Law

… to the Hon. Joseph P. Mazurek Concerning the Sunset Review of Montana's "Any Willing Provider" Law Enviado por … to the Hon. Joseph P. Mazurek Concerning the Sunset Review of Montana's "Any Willing Provider" Law af-12.pdf Advocacy … to the Hon. Joseph P. Mazurek Concerning the Sunset Review of Montana's "Any Willing Provider" Law …
Date
Matter Number
V930007
Advocacy Filings

FTC Staff Comment Before the Federal Communications Commission In the Matter of Advanced Television Systems and Their Impact Upon the Existing Broadcast Service

… Before the Federal Communications Commission In the Matter of Advanced Television Systems and Their Impact Upon the Existing Broadcast Service Enviado por … Before the Federal Communications Commission In the Matter of Advanced Television Systems and Their Impact Upon the …
Date
Matter Number
V930003
Cases and Proceedings

Mobil Oil Corporation

… Corporation Federal Trade Commission Decisions, Volume 116, Page 113 … Mobil Oil Corporation …

Federal Trade Commission Decisions, Volume 116, Page 113

Type of Action
Administrative
Last Updated
HSR Informal Interpretations

9301006 Informal Interpretation

… January 14, 1993 Federal Trade Commission Pre-Merger Office Bureau of Competition Sixth & Pennsylvania Avenue Room 301, … its controlled nonprofit affiliate are to be treated as separate entities for purposes of thepolitical subdivision …
Date
Rule
801.1(a); 7A(c)(4); 7A(a)(2)(B)
1/25/93 Called [redacted]. It appears that [redacted] is a political subdivision, and therefore, exempt. Nonprofit corporate affiliate is an entity and would be required to file if it meets the size...
HSR Informal Interpretations

9301007 Informal Interpretation

… staff member crossed Esquire out) Premerger Notification Office Bureau of Competition Federal Trade Commission Washington, DC 20580 … the terms of a management agreement between the ultimate parent entity (Parent) and Sub B, Parent currently has the …
Date
Rule
802.30; 801.1(c)(8); 801.1(b)(2)
1/22/93 PMN cant expand 802.30 to exclude the merger of two subs held contractually. Must be by holdings of voting securities.
HSR Informal Interpretations

9301005 Informal Interpretation

… Trade Commission Washington, D.C. 20580 Re:Application of Creditors Exemption (16 C.F. R. 802.63) from Notification Requirement of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 … to, and made [redacted] in, two related ventures, namely Partnership A and Partnership B. Schedule A attached hereto …
Date
Rule
802.63
1/13/93 Exempt under 802.63. RS concurs.
HSR Informal Interpretations

9301002 Informal Interpretation

… Sixth & Pennsylvania Ave., N.W. Washington, D.C. 20580 U.S. Department of Justice Antitrust Division Office of Operations Room 3218 …
Date
Rule
Section 7A(a), 801.11(b)(2)
1/11/93 - called [redacted]. He advises that [redacted] holds only [redacted] and the latter's financials reflect the size of [redacted]. [Redacted] is a single entity and controls neither entity. The...
HSR Informal Interpretations

9301003 Informal Interpretation

… conclusion concerning which entity would be the ultimate parent entity for Hart-Scott-Rodino purposes given the … facts. The entity making the acquisition will be one of an affiliated group of corporations, in which A corporation has a number of …
Date
Rule
801.1(c)(3); 803.2; 801.1(c)(4)
1/11/93 Under 801.1(c)(4), if settlor retains a reversionary interest, then settlor holds assets of the trust. By naming himself beneficiary, individual who contributed more than 50% has retained a...
Amicus Briefs

Rayle v. First Natl Bank of Cut Bank et al.

… Rayle v. First Natl Bank of Cut Bank et al. Rayle v. First Natl Bank of Cut Bank et al. FTC amicus curiae brief in Rayle v. First Natl Bank of Cut Bank et al. before the Central District of California …
Date
Federal Court
Central District of California
FTC amicus curiae brief in Rayle v. First Natl Bank of Cut Bank et al. before the Central District of California concerning whether an equity receiver may sue on behalf of defrauded customers
HSR Informal Interpretations

9301004 Informal Interpretation

… Pennsylvania Avenue, N.W. Washington, D.C. 20580 Attention of Ms. Nancy Ovuka Re:Advice Concerning Hart-Scott-Rodino Antitrust Improvements Act of 1976 (Act) Dear Ms. Ovuka: This letter is to request … The Trust purchased the Facility from the Lessee as part of the original transaction. After payment of debt …
Date
Rule
801.1(c); 801.63
The Trust remains in existence and continues to hold title to the asset after the transaction. This is a purchase of a stream of income and not reportable.
HSR Informal Interpretations

9301008 Informal Interpretation

… REGULAR U. S. MAIL Mr. Victor Cohen Premerger Notification Office Bureau of Competition Room 303 Federal Trade Commission Washington, … I understand that, with respect to the acquisition of [redacted], such acquisition would be exempt under FTC …
Date
Rule
802.51
In order to be an exempt transaction under section 802.51, you need only to satisfy one of the subsections (a, b, c or d) listed therein.
Advocacy Filings

FTC Staff Comment Before the Legislative Audit Counsel, State of South Carolina Concerning the Regulation of the Health Care Professions

… Staff Comment Before the Legislative Audit Counsel, State of South Carolina Concerning the Regulation of the Health Care Professions Enviado por wfg-adm109 el Vie, 01/01/1993 - 00:00 …
Date
Matter Number
V920023
HSR Informal Interpretations

9212005 Informal Interpretation

… Informal Interpretation December 14, 1992 Staff Attorney Patrick Sharpe, Esq. (Note from PS: I am not an attorney; my title is compliance specialist.) Premerger Notification Office Bureau of Competition Room 303 Federal Trade … was approximately [redacted], including [redacted] in consumer receivables, [redacted] in lease receivables and …
Date
Rule
7A(c)(1); 802.1
See # 23 in Premerger Practice Manual refers to the PMN Office position on loans. Called [redacted] 12-18-92. Noted that the sale of substantially all of a portfolio of loans can be exempt under c-1...
HSR Informal Interpretations

9212004 Informal Interpretation

… is subject to various restrictions on\ transfer by virtue of the trust’s status as a partnership for tax purposes.\ ' var WPFootnote2 = ' As you … present or upon conversion entitle the owner or holder thereof to vote for\ the election of directors of the issuer, or …
Date
Rule
801.40; 801.1(f)(1)
12/16/92 – Advised [redacted- colleague] in the absence of [redacted- author of the letter] that the premerger office was of the view that the trust units were not voting securities. Asked for further...
HSR Informal Interpretations

9112003 Informal Interpretation

… 3, 1991   CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Patrick Sharp Premerger Specialist Premerger Notification Office H-303 Federal Trade Commission Washington, D.C. 20580 … with me last week my questions regarding the interpretation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, …
Date
Rule
801.1(c); 802.63
Called (redacted) firm and informed a cast of thousands in a conference call that my answer was over-simplified. After explaining John Sipples letter of 11-21-90, the parties decided to file and did...
HSR Informal Interpretations

9212001 Informal Interpretation

… 9212001 Informal Interpretation December 2, 1992 BY HAND Patrick Sharpe, Esq. Premerger Notification Office Bureau of Competition Room 321 Federal Trade Commission 6th and …
Date
Rule
801.10
If this is straight up, as is, with no side deals (contractual agreements, etc.) then this is ok. Otherwise, we are troubled lets talk. Called [redacted] 12-3-92. [Redacted] said that the parties will...
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