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Advisory Opinions

Academy of Ambulatory Foot Surgery

… Academy of Ambulatory Foot Surgery Academy of Ambulatory Foot Surgery Letter from M. Elizabeth Gee to Andrew K. Dolan, Esq., dated 07/31/87 re: Concerning a professional …
Date
Letter from M. Elizabeth Gee to Andrew K. Dolan, Esq., dated 07/31/87 re: Concerning a professional association's assistance to third-party payers in determining when foot surgery may be restricted to...
HSR Informal Interpretations

8707004 Informal Interpretation

… Avenue, NW, Room 303 Washington, D.C. 20580 Dear Mr. Kaplan: We spoke with you last month relative to the need for submitting a Hart-Scott-Rodino …
Date
Rule
801.11(e)
Partially confused but the transaction acquirers appears to be subject (redacted) to the 801.11(e) size of person test and thus the transaction is (illegible).
Advocacy Filings

FTC Staff Comment Before the New Jersey State Board of Dentistry Concerning Proposed Advertising Regulations

… Board of Dentistry Concerning Proposed Advertising Regulations Enviado por wfg-adm109 el Mié, 01/07/1987 - 00:00 … Board of Dentistry Concerning Proposed Advertising Regulations v870017.pdf Advocacy Filing … FTC Staff Comment … Board of Dentistry Concerning Proposed Advertising Regulations …
Date
Matter Number
V870017
Advocacy Filings

Response from FTC Staff to the New Jersey State Board of Dentistry concerning advertising regulations

… Jersey State Board of Dentistry concerning advertising regulations Enviado por wfg-adm109 el Mié, 01/07/1987 - 00:00 … Jersey State Board of Dentistry concerning advertising regulations af-36.pdf Advocacy Filing … Response from FTC Staff … Jersey State Board of Dentistry concerning advertising regulations …
Date
Matter Number
V870017
HSR Informal Interpretations

8706011 Informal Interpretation

… (redacted) June 23, 1987 VIA FEDERAL EXPRESS Wayne Kaplan Premerger Notification Office Bureau of Competition … of Natural Person Under Section 801.11(b)(1) Dear Mr. Kaplan: The purpose of this letter is to confirm your recent … Act of 1976, as amended (the Act), insofar as they relate to the recomputation of financial statements for …
Date
Rule
801.11
Reviewed by (redacted) appears to be in accordance with general accounting principles 6/24/87 - OK [note 1-2 pages -regarding Assets]
HSR Informal Interpretations

8706004 Informal Interpretation

… Informal Interpretation (redacted) June 5, 1987 Wayne Kaplan Premerger Notification Office Bureau of Competition … Avenue, NW Room 303 Washington, D.C. 20580 Dear Mr. Kaplan: Subject:(redacted) This is to confirm the substance of … therein. It is also my understanding that, although your lack of disagreement with the Letter is not binding upon …
Date
Rule
801.1(c)
OK 6/15/87
HSR Informal Interpretations

8706007 Informal Interpretation

… which involves the indirect purchases by a foreign pension plan and a foreign corporate issuer, of partnership interests … A, B and C;C is a wholly-owned subsidiary of B and A is unrelated to B and C; corporation B, a U.S. issuer, is a … sales in excess of $100,000,000; P-1" is a foreign pension plan for employees of corporation D; P-1" may be in the …
Date
Rule
802.30
6/15/87-Advised (redacted) by T/C message through his office that I concur with the above.[note 1-exhibit A]
HSR Informal Interpretations

8706006 Informal Interpretation

… Interpretation (redacted) June 9, 1987 BY HAND Wayne Kaplan Premerger Notification Office Bureau of Competition … D.C. 20580 Re: Corporate Reorganization Dear Mr Kaplan: On May 19,1987, you and I discussed whether or not the … (Newco), to be owned by an employee stock ownership plan (the ESOP) and by certain members of Newco management, …
Date
Rule
802.35
OK-6/10/87-but limited to these specific facts
HSR Informal Interpretations

8706001 Informal Interpretation

… which involves the investment by several foreign pension plans in a new corporation which will purchase partnership … a parcel of real estate on which is situated a pension plan for employees of corporation C (see Exhibit B for a … by counsel to C) P-2". P-3" and P-4" are foreign pension plans for employees of corporation D (see Exhibit C for a …
Date
Rule
801.40; 802.20
See revision of this transaction outlined in letter dated 6/9/87-[note 1-5 pages of exhibit A, B and C]
HSR Informal Interpretations

8704003 Informal Interpretation

… Informal Interpretation (redacted) April 13, 1987 Wayne Kaplan Premerger Notification Office Bureau of Competition … Avenue, NW Room 303 Washington, D.C. 20580 Dear Mr. Kaplan: Subject:(redacted) 1. We wish to confirm in this letter … bank in its capacity as trustee, executor, administrator, guardian or custodian under a uniform gifts to minors act, …
Date
Rule
801.1(b); 801.1(c)
On 6/3/87 I notified (redacted) that I did not know enough to dispute his conclusions but that this does not bind either agency in any future transaction. He will send in a letter to confirm that...
HSR Informal Interpretations

8706002 Informal Interpretation

… is not an entity within the meaning of the Rules. Similarly we believe that (redacted) is not an entity because it … and controls the activities of companies in mechanical related industries. The operating companies held by (redacted) are the following: (1) (redacted) (research planning manufacturing of (redacted) and (redacted) and …
Date
Rule
801.1(a)(2)
I told him that (redacted) is a corporation engaged in commerce through its subsidiaries (redacted) and it must report
HSR Informal Interpretations

8706005 Informal Interpretation

… over the telephone concerning the Hart-Scott-Rodino regulations applicable to partnerships and the implications of … (1) (ii) would affect existing rules and interpretations relating to formation of partnerships and acquisition of … will continue to be subject to filing requirements, as explained in the background statement to the new rule, 52 Fed …
Date
Rule
801.1(b)
06-11-This is correct
HSR Informal Interpretations

8706008 Informal Interpretation

… the applicability of the Hart-Scott-Rodino Act and regulations to a proposed acquisition. During the course of that … of the Hart-Scott-Rodino Act pursuant to 7A(c) (1) of the Clayton Act and 16 C.F.R 802.1 of the Premerger Regulations. If your recollection of the above conversation …
Date
Rule
802.1; 7A(c)(1)
Since not non-income producing - still exempt
HSR Informal Interpretations

8706009 Informal Interpretation

… should be yes, because there is no issue here of a “speculative transaction”; the corporation will cooperate with its … C, which in turn is controlled (under the new regulations) ultimately by D, a natural person. At the effective … date of disposition of the assets. For reasons entirely unrelated to any issue of antitrust or Hart-Scott compliance, A …
Date
Rule
801.2
See notes of (redacted) in reply to this letter on last page-Called (redacted) on 6/19. Told him we would accept filing from C for subsequent sale of A’s assets even though at time of filing it does...
HSR Informal Interpretations

8706012 Informal Interpretation

… located in, the (redacted) for $15 million to an unrelated general partnership (Buyer) which does not presently … before the issuance of such license, we would be in violation of (redacted) law. Seller has retained special counsel to speed the …
Date
Rule
801.1
Told him that beneficial interest in the assets must pass for the acquisition to close in escrow. Title and consideration arent being passed. We dont like the idea of claiming it is not closed for the...
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