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HSR Informal Interpretations

9110003 Informal Interpretation

… 9110003 Informal Interpretation Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … as a formal request of the Federal Trade Commission and Department of Justice to confirm the method of calculation and …
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

… Interpretation October 8, 1991   Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … to the attention of Mr. Elmore. Enclosed for your files is page 10 of the Stock Purchase Agreement. We also stand …
Date
Rule
7A(c)(4)
None noted
HSR Informal Interpretations

9110011 Informal Interpretation

… 9110011 Informal Interpretation October 15, 1991   Patrick Sharp Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania …
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

… Interpretation October 17, 1991   Premerger Notification Office Room 303 Federal Trade Commission Washington, D.C. … 20580   Dear Sir or Madam:   During discussions with your office yesterday concerning a hypothetical Hart-Scott-Rodino … set forth in writing. This letter is for that purpose. Company A proposes to acquire Company B in what would clearly …
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...
HSR Informal Interpretations

9110014 Informal Interpretation

… Esquire Federal Trade Commission Premerger Notification Office Bureau of Competition Room 301 Washington, D.C. 20580   Re: Partnership Exemption   Dear Victor:   This letter is to …
Date
Rule
801.1 (f)(1)
Acquisition of limited partnership interests which are traded on an exchange is reportable only if the interests are voting securities under 801.1(f)(1) of the HSRRules. In this case, they are not...
HSR Informal Interpretations

9110017 Informal Interpretation

… TELECOPIER Richard B. Smith, Esq. Premerger Notification Office Room 312, Headquarters Building Bureau of Competition Federal Trade Commission 6th Street & … 1976 (the Act) to a proposed transaction involving two companies engaged in lease and loan financing. As we discussed, …
Date
Rule
7A(c)(1); 802.1(b)
Advised (redacted) that transaction appeared exempt. While it is possible that buyer may compete in sale of equipment used by lessees which make up 2.9% of transaction, this as a percentage of total...
HSR Informal Interpretations

9110018 Informal Interpretation

… Interpretation October 29, 1991   Premerger Notification Office Bureau of Competition Room 303 Federal Trade Commission 6th Street … all the outstanding stock of (redacted). The anticipated purchase price is $1,000. (Redacted) is a single …
Date
Rule
7A(c)(1); 802.20; 802.64
Under 7A(c)(1) the acquisition of voting stock of a corporation (other than one holding exempt realty) is not exempt even though the acquisition of assets by themselves would be exempt. Under 802.20...
Advocacy Filings

FTC Staff Comment Before the California Assembly Concerning the FTCs Experience in the Regulation of the Funeral Industry

… Assembly Concerning the FTCs Experience in the Regulation of the Funeral Industry Enviado por wfg-adm109 el Mar, … Assembly Concerning the FTCs Experience in the Regulation of the Funeral Industry v910023cafuneral.pdf Advocacy Filing … Assembly Concerning the FTCs Experience in the Regulation of the Funeral Industry …
Date
Matter Number
V910023
HSR Informal Interpretations

9109006 Informal Interpretation

… Informal Interpretation 9109006 Informal Interpretation Patrick Sharpe Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … commercial nuclear fuel for power generation, trade or consumer accounts receivable, automobiles and equipment. The …
Date
Rule
802.63; 7A(c)(1); 7A(c)(12)
Your letter is too vague. It should be fact specific. I need more details in order to give a definitive answer. Discussed comments about this letter with (redacted) on 9/26/91 [note 1- Premerger...
HSR Informal Interpretations

9109007 Informal Interpretation

… Interpretation September 19, 1991   Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … Antitrust Improvement Act. A and B each owns 50% of the voting securities of a corporation (C) that owns 100% … another corporation (D), which in turn, is the sole general partner of, and controls (within the meaning of the …
Date
Rule
802.1
9/24/91 (redacted) called. No time crunch on matter. Will obtain response to anyquestions and write new letter to me. RBS [note 1: Premerger NotificationOffices]
HSR Informal Interpretations

9109004 Informal Interpretation

… September 12, 1991 Richard B. Smith Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … violate the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and the regulations promulgated thereunder. FACTS As … some time approximately 10% of the voting securities of Company A. X is currently planning a secondary offering …
Date
Rule
801.1(f); 802.31
9/13/91-Advised (redacted) that letter had been reviewed by PMN staff and it was in agreement that Company Bs agreement with X did not pass beneficial ownership of the 13% of As voting stock to B...
HSR Informal Interpretations

9109002 Informal Interpretation

… 5, 1991   Hy David Rubenstein Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … NW Room 303 Washington, D.C. 20580   Re: Internal Transfer of Partnership Interest   Dear Mr. Rubenstein:   The purpose of …
Date
Rule
801.2
9-12-91 Called-If the assets previously filed for are the same and the only assets of the partnership then no new filling needed. If partnership has other assets not previously filed for then a new...
HSR Informal Interpretations

9108023 Informal Interpretation

… August 28, 1991   Jeffrey Kaplan Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … Kaplan From: (redacted)   This shall serve as confirmation of your telephonic response of this date to my August 23, … current FTC policy is to exclude the sale of residential apartment properties from the reporting requirements of HSR. …
Date
Rule
802.1
09/06/91-agree w/ the conclusion herein
HSR Informal Interpretations

9109001 Informal Interpretation

… September 4, 1991 Hy Rubenstein Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … 20580 Re:Hart - Scott - Rodino AntiTrust Improvement Act of 1976 (the Act) - Application to Formation of Partnership Dear Mr. Rubinstein: Thank you for discussing …
Date
Rule
801.1(b); 801.1(f)
None noted
HSR Informal Interpretations

9109003 Informal Interpretation

… Interpretation Hy David Rubenstein Premerger Notification Office Federal Trade Commission 6th Street and Pennsylvania … office on August 16, 1991, by (redacted) , the ultimate parent of (redacted) . As described in the H-S-R Notice, … with (redacted) sole involvement in the commercial consumer cellular telephone industry is through the Seller. …
Date
Rule
802.9
None noted
HSR Informal Interpretations

9109010 Informal Interpretation

… September 25, 1991   Nancy Ovuka Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … intends to enter into would be exempt from the requirements of the Hart-Scott-Rodino Antitrust Improvements Act. Our … purchase from a financial institution a portfolio of municipal equipment leases that the seller entered into or …
Date
Rule
7A(c)(1)
None noted
HSR Informal Interpretations

9109011 Informal Interpretation

… 26, 1991 William I. Schechter Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … the Federal Deposit Insurance Corporation. (redacted) anticipates that within the next 30 days, it will enter into a … selling an entire division - - the (redacted) credit card department - - but only a portion of the portfolio of assets …
Date
Rule
802.1; 7A(c)(1); 7A(c)(12)
None noted
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