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HSR Informal Interpretations

8501004 Informal Interpretation

… (redacted) January 23, 1985 HAND-DELIVERED Mr. Patrick Sharpe Compliance Specialist Pre-Merger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania …
Date
Rule
7A(c)(1); 802.1; now See 802.2
The FTC staff has historically said that the acquisition of office buildings is generally exempt (no retail space or other income producing properties included) under § 802.1 of the rules. Is this...
HSR Informal Interpretations

8412001 Informal Interpretation

… Informal Interpretation (redacted) December 3, 1984 Mr. Patrick Sharpe Compliance Specialist Federal Trade … Dear Mr. Sharpe: I refer to our telephone conversation of earlier today in which we discussed the proposed disposition by our client of all of the stock of a U.S. subsidiary and the proposed …
Date
Rule
802.20; 802.50
See diagram. We examine the 802.20 & 802.50 by issuer. Accordingly, thesetransactions are exempt given the information provided. [Note: No Facts, dollar values given, but enough info (less than $15 mm...
HSR Informal Interpretations

8412003 Informal Interpretation

… EXPRESS Wayne Kaplan, Esq. Federal Trade Commission Bureau of Competition Sixth & Pennsylvania, N.W. Washington, D.C. … confirms your recent telephone conversation with (redacted) of our office in connection with my letter to you dated … that the music publishing business of the (redacted) of companies will be acquired by a new corporation (New Co.) from …
Date
Rule
801.40; 802.20
12/6/84 (redacted) 2d letter. Pg1 1. Refers to acquisitions plural – if so newly formed entity rule will not protect 2d etc acquisitions Pg2 2. refers to several sellers – if they are outside. Pg3 3...
HSR Informal Interpretations

8412006 Informal Interpretation

… December 13, 1984 Mr. Wayne Kaplan Premerger Notification Office Bureau of Competition Room 301 Federal Trade Commission 6th Street … would not require any premerger notification filings on the part of any party. Our client, corporation A, had sales for …
Date
Rule
801.11
But must consolidate unconsolidated cos [indecipherable]. A [indecipherable].
HSR Informal Interpretations

8412002 Informal Interpretation

… 4, 1984 Wayne Kaplan, Esq. Federal Trade Commission Bureau of Competition Sixth & Pennsylvania Avenue, N.W. Washington, … 13, 1984. As requested, this letter supersedes such letter of November 13, 1984. (redacted) an investment banking firm … acquire the (redacted) business of the (redacted) of companies ((redacted) in transactions (the Acquisitions)* to be …
Date
Rule
801.40; 802.20
Comments in body of letter only (See below)
HSR Informal Interpretations

8411008 Informal Interpretation

… under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the Act), 15 U.S.C. Section 18A, and the rules and … a new corporation that essentially will acquire the assets of one of the operating units of our client. Based on my … not be reportable because it would not meet the size-of-the-parties test, 15 U.S.C. Section 7A(a)(2). The proposed …
Date
Rule
801.40; 802.20; 801.11
See attached note re [indecipherable] of advice transmitted by telephone to(redacted) on 11/30. [Indecipherable] and by W.E.K. on 11/26/84. The fact thatB is making loans and guarantees to the newly...
Advisory Opinions

Advisory opinion about whether the manufacturing of polypropylene using propylene as a feedstock constitutes "petrochemical processing" and is an "oil and gas related asset" within the meaning of the Consent Order issued against respondent

Date
Manufacturing of polypropylene using propylene as a feedstock constitutes "petrochemical processing" and is an "oil and gas related asset" within the meaning of the Consent Order issued against...
HSR Informal Interpretations

8411001 Informal Interpretation

… Premerger Notification Dear Mr. Scanlon: The purpose of this letter is to request documentation for our files of your representations made in our telephone conversation … when the person filing notification, in this case a general partnership (A), has an investment in another partnership …
Date
Rule
803.2
11/6/84 Called [indecipherable] - He is not available. told his secy that we do notrespond by mail but that I agree with the statements in this letter & confirm his understanding AMS 11/6/84
HSR Informal Interpretations

8411002 Informal Interpretation

… 8411002 Informal Interpretation (redacted) BY MESSENGER Mr. Patrick Sharpe Premerger Notification Office Room 303 Federal Trade Commission Washington, D.C. … 20580   Re: Request for Informal Interpretation          of Hart-Scott-Rodino Antitrust           Improvements of Act …
Date
Rule
7A(c)(1)
I concur. called (redacted) and left message with his secretary.
HSR Informal Interpretations

8411004 Informal Interpretation

… M. Scanlon Compliance Specialist Premerger Notification Office Bureau of Competition Federal Trade Commission Washington, DC 20580 … reported in The Wall Street Journal and other newspapers. I believe it was in mid-August that my office …
Date
Rule
802.50
No written comments
HSR Informal Interpretations

8411005 Informal Interpretation

… 13, 1984 Wayne Kaplan, Esq. Federal Trade Commission Bureau of Competition Sixth & Pennsylvania Avenue, N.W. Washington, … D.C. 20580 Dear Mr. Kaplan: Clients (the Shareholders) of this firm are proposing to form a new corporation (New … which will acquire assets and voting securities of third parties in transactions (the Acquisitions) to be consummated …
Date
Rule
801.40
Comments in body of letter only(see below)
HSR Informal Interpretations

8411011 Informal Interpretation

… Mr. John Sipple Senior Attorney Pre-merger Notification Office Bureau of Competition, Room 303 Federal Trade Commission 16th … were kind enough to restate for me the FTCs position that a partnership, whether general or limited, is its own ultimate …
Date
Rule
801.1(b); 803.2
No written comments. [Note: Advice incorrect; partnerships can be controlled. See 801.1(b)(2).]
HSR Informal Interpretations

8410007 Informal Interpretation

… 301 Washington, D.C. 20580 Dear Sirs: I am contacting your office in reference to requirements set forth in the … to items 4(a) and 4(b(. I.    Item 4(a) Relative to Paragraph 803.2(e), will incorporation by reference hinder … by reference. (redacted) annual audit report is part of the annual report. Does this allow the audit report also …
Date
Rule
803.2
10/29/ (redacted) letter response 10/30/84. 1. Not significantly except to extent system fails [indecipherable] we have to spend time looking for necessary documents. 2. Yes - See p33524 - if entities...
HSR Informal Interpretations

8410001 Informal Interpretation

… HAND DELIVERY Mr. Wayne Kaplan, Esq. Premerger Notification Office Room 301 Federal Trade Commission Washington, D.C. 20580 Dear Mr. Kaplan: In our telephone conversations of October 2, 1984, and October 4, 1984, you informed me … Improvements Act of 1976 (the Act) with respect to partnerships and with respect to newly formed persons which …
Date
Rule
801.11
No written comments
HSR Informal Interpretations

8410003 Informal Interpretation

… Scanlon: I am writing in response to your telephone call of September 25 relating to my letter of September 20 concerning the application of the premerger … the acquisition of the assets of a television station by a partnership to be formed (the Partnership) with a corporate …
Date
Rule
801.11(e)
No written comments
HSR Informal Interpretations

8410004 Informal Interpretation

… 8410004 Informal Interpretation (redacted) October 12, 1984 Office of Premerger Notification Federal Trade Commission … minority interests of various entities. 1.Holding Co., a company with over $100 million in total assets or net sales, …
Date
Rule
7A(a)(2)
No written comments
HSR Informal Interpretations

8410005 Informal Interpretation

… your good wishes that the Tigers did so well. The purpose of this letter is to confirm advice that you gave me on behalf of the FTCs premerger notification office. I told you that (redacted) is considering paying approximately $82 million for a major, integrated oil …
Date
Rule
7A(c)(1)
No written comments
HSR Informal Interpretations

8410006 Informal Interpretation

… Esq. Federal Trade Commission Premerger Notification Office Room 301 Washington, D.C. 20580 Dear Mr. Kaplan: This … to you today is exempt from the notification requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 … to you is as follows: B is 57.5% owned by public company P and 42.5% owned by public company Q. B owns 100% of X …
Date
Rule
7A(c)(3); 802.30
No written comments
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