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HSR Informal Interpretations

8501003 Informal Interpretation

… 22, 1985 Andrew Scanlon, Esq. Premerger Notification Office Bureau of Competition Room 303 Federal Trade Commission Washington, … 802.50. Our client presently believes that the Canadian company has assets in the United States with a value of less …
Date
Rule
802.50
OK AMScanlon 1/28/85
HSR Informal Interpretations

8501001 Informal Interpretation

… 10, 1985 VIA FEDERAL EXPRESS Pre-Merger Notification Office Bureau of Competition Room 303 Federal Trade Commission 6th Street … Avenue, N.W. Washington, D.C. 20580   Attention:Patrick Sharpe Gentlemen: Your advice is hereby requested as …
Date
Rule
802.1; 802.2
Are they buying this retail space to operate or as an investment? They are buyingthese rental building in order to resell as condominiums. Who is making theacquisition? We are not sure yet. Perhaps a...
HSR Informal Interpretations

8501002 Informal Interpretation

… Interpretation (redacted) 16 January 1985 EXPRESS MAIL Mr. Patrick Sharpe Compliance Specialist Pre-Merger Notification Office Bureau of Competition, Room 301 Federal Trade Commission …
Date
Rule
801.10; 802.20
comments: Wayne Kaplan said contingent payments should be estimated according to 801.10 of the rules and included in transaction price. Andy Scanlon agrees and added that they indicate a face value...
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

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