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HSR Informal Interpretations

1610004 Informal Interpretation

… you lay out immediately below.   Timothy (Ty) Carson Bureau of Competition Federal Trade Commission 400 7th Street, SW … that should hopefully provide a clearer picture. Facts: Company A has tolling agreements with manufacturers both in the US and outside of the US. In most instances these manufacturers produce the …
Rule
Item 5
In this tolling agreement scenario, Company A should report in Item 5 the revenue for any sales that appear on the books of the US business of Company A, and do so using a wholesale NAICS Code.
HSR Informal Interpretations

9009008 Informal Interpretation

… September 14, 1990 VIA FACSIMILE Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … facts are as follows: Our client, a private independent company engaged solely in the business of exploration and …
Rule
7A(c)(1)
9/17/90 Will advise (redacted) when he calls that we agree with his analysis and conclusion that the transaction is exempt. TH
HSR Informal Interpretations

9012009 Informal Interpretation

… Specialist Federal Trade Commission Pre-Merger Notification Office Room 301 Sixth Street and Pennsylvania Avenue NW … from Hart-Scott-Rodino Anti-Trust Improvements Act of 1976 Pre-Merger Notification and Waiting Period … in our determination that the sale by (redacted) general partnership (redacted) to (redacted) corporation (redacted) …
Rule
802.1(a)
Conclusion correct, but not for reasons cited. Exempt as realty in the ordinary course. Income stream incidental to sale of property & business of partnership which isdevelopment. Golf course "turnkey...
HSR Formal Interpretations

Formal Interpretation No. 7

… § 803.30 CONCERNING ACQUISITIONS BY CERTAIN BANK HOLDING COMPANIES Commission staff have recently received several requests for interpretation of the exemption provided by § 7A(c)(8) of the Clayton Act … the antitrust laws and to the jurisdiction of the Justice Department and the Federal Trade Commission in the …
Type of Formal Interpretation
Acquisitions By Certain Bank Holding Companies
UNDER 16 C.F.R. § 803.30 CONCERNING ACQUISITIONS BY CERTAIN BANK HOLDING COMPANIES Commission staff have recently received several requests for interpretation of the exemption provided by § 7A(c)(8)...
HSR Formal Interpretations

Formal Interpretation No. 14

… Interpretation No. 14 Formal Interpretation No. 14 16 CFR Part 802 Premerger Notification: Reporting and Waiting … AGENCY : Federal Trade Commission ACTION:  Notice of Formal Interpretation SUMMARY:  On November 14, 1988, the … Attorney General in charge of the Antitrust Division of the Department of Justice, issued Formal Interpretation Number …
Type of Formal Interpretation
Airlines (transactions between air carriers and others subject to HSR)
16 CFR Part 802 Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of Formal Interpretation SUMMARY: On November 14, 1988, the Federal...
HSR Formal Interpretations

Formal Interpretation No. 8

… Interpretation No. 8 Formal Interpretation No. 8 BUREAU OF COMPETITION September 13, 1979 John W. Barnum, Esquire … however, mandates that the Federal Trade Commission and the Department of Justice shall require that filing parties submit …
Type of Formal Interpretation
Attorney-Client Privilege (assertion in Response to Information Required by the Form and in Response to a request for Additional Information or Documentary Material)
BUREAU OF COMPETITION September 13, 1979 John W. Barnum, Esquire White & Case 1747 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Dear Mr. Barnum: This is in response to your March 1, 1979, letter...
HSR Formal Interpretations

Formal Interpretation No. 2

… Interpretation No. 2 Formal Interpretation No. 2 BUREAU OF COMPETITION September 26, 1978 Mr. Laurence T. Sorkin … Attorney General in charge of the Antitrust Division of the Department of Justice, a formal response to this request. …
Type of Formal Interpretation
Acquisitions Made Pursuant to an Order of Divestiture under §802.70
BUREAU OF COMPETITION September 26, 1978 Mr. Laurence T. Sorkin Cahill, Gordon & Reindel Eighty Pine Street New York, New York 10005 Re: Formal interpretation of § 802.70 of the Hart-Scott-Rodino...
HSR Formal Interpretations

Formal Interpretation No. 17

… AGENCY:  Federal Trade Commission ACTION:  Notice of Issuance of Formal Interpretation 17 SUMMARY:  The … Attorney General in charge of the Antitrust Division of the Department of Justice ("DOJ"), is adopting a Formal …
Type of Formal Interpretation
Banking and non-banking businesses under (c)(7) and (c)(8) as amended by the Gramm-Leach-Bliley Act
Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of Issuance of Formal Interpretation 17 SUMMARY: The Premerger Notification Office (...
HSR Formal Interpretations

Formal Interpretation No. 10

… Interpretation No. 10 In accordance with the provisions of § 803.30 of the Commission's premerger notification … Attorney General in charge of the Antitrust Division of the Department of Justice, issues this formal interpretation. …
Type of Formal Interpretation
Confidentiality of HSR Information
In accordance with the provisions of § 803.30 of the Commission's premerger notification rules, 16 C.F.R. § 803.30, the Commission, with the concurrence of the Assistant Attorney General in charge of...
HSR Formal Interpretations

Formal Intrepretation No. 5

… staff have received several requests for interpretation of § 803.11 of the premerger notification rules ("the rules"), … individual cases, terminate the waiting period specified in paragraph (1) and allow any person to proceed with any …
Type of Formal Interpretation
Early Termination (standards applied in granting or denying request for early termination)
FORMAL INTERPRETATION UNDER 16 C.F.R. § 803.30 CONCERNING EARLY TERMINATION UNDER § 7A(b)(2) AND § 803.11 Commission staff have received several requests for interpretation of § 803.11 of the...
HSR Formal Interpretations

Formal Interpretation No. 6

… 6 FEDERAL TRADE COMMISSION WASHINGTON. D. C. 20580 Bureau of Competition April 10, 1979 Formal Staff Interpretation … Form by referring to information on or to materials accompanying another Form filed either by it or by another … Federal Trade Commission and the Antitrust Division of the Department of Justice to their various litigating groups, …
Type of Formal Interpretation
Incorporation by Reference (responding to items in the Form by referring to information or materials accompanying another Form)
FEDERAL TRADE COMMISSION WASHINGTON. D. C. 20580 Bureau of Competition April 10, 1979 Formal Staff Interpretation Under 16 C.F.R. § 803.30 Concerning Incorporation by Reference in the Antitrust...
HSR Formal Interpretations

Formal Interpretation No. 11

… Interpretation No. 11 Formal Interpretation No. 11 BUREAU OF COMPETITION April 7, 1981 Formal Interpretation Pursuant … Attorney General in charge of the Antitrust Division of the Department of Justice, issued a formal interpretation pursuant …
Type of Formal Interpretation
Incorporation by Reference (responding to items in the Form by referring to information or materials accompanying another Form)
BUREAU OF COMPETITION April 7, 1981 Formal Interpretation Pursuant to § 803.30 of the Premerger Notification Rules, 16 C.F.R. § 803.30, Concerning Incorporation by Reference in the Antitrust...
HSR Formal Interpretations

Formal Interpretation No. 15 and Explanatory Material

… AGENCY:  Federal Trade Commission ACTION:  Notice of Adoption of Formal Interpretation SUMMARY:  The Premerger … Attorney General in charge of the Antitrust Division of the Department of Justice ("DOJ"), is adopting a Formal …
Type of Formal Interpretation
Limited Liability Company (LLC) (reportability of transactions involving limited liability companies) (REPEALED - See Formal Interpretation 18)
Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of Adoption of Formal Interpretation SUMMARY: The Premerger Notification Office ("PNO"...
HSR Formal Interpretations

Formal Interpretation No. 15 and Explanatory Material (Amended July 1, 1999)

… AGENCY:  Federal Trade Commission ACTION:  Notice of Amendment of Formal Interpretation 15 SUMMARY:  The … Attorney General in charge of the Antitrust Division of the Department of Justice ("DOJ"), is amending a Formal …
Type of Formal Interpretation
Limited Liability Company (LLC) (reportability of transactions involving limited liability companies) (REPEALED - See Formal Interpretation 18)
Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of Amendment of Formal Interpretation 15 SUMMARY: The Premerger Notification Office (...
HSR Formal Interpretations

Formal Interpretation No. 16

… AGENCY:  Federal Trade Commission ACTION:  Notice of the Issuance of Formal Interpretation 16 Changing the … Attorney General in charge of the Antitrust Division of the Department of Justice ("DOJ," collectively, "the enforcement …
Type of Formal Interpretation
Number of Original Affidavits and Certification
Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of the Issuance of Formal Interpretation 16 Changing the Policy of the Premerger...
HSR Formal Interpretations

Formal Interpretation No. 1

… my understanding, based upon our telephone conversation of August 14, that it is the staff's position that so long as companies will be filing premerger notification reports as to a merger or acquisition under the requirements of the Hart-Scott-Rodino Act, they need not also file …
Type of Formal Interpretation
Pre-existing Notification Program (applicability of Pre-September 5, 1978 Notification Rules)
[COVINGTON & BURLINGTON LETTERHEAD] 888 Sixteenth Street, N.W. Washington, D.C. 20006 August 15, 1978 Malcolm R. Pfunder, Esq. Associate Director, Premerger Notification and Screening Federal Trade...
HSR Formal Interpretations

Formal Interpretation No. 4

… Interpretation No. 4 Formal Interpretation No. 4 BUREAU OF COMPETITION January 17, 1979 Laurence T. Sorkin, Esquire … depending on the extent of the acquiring person's anticipated holdings and all other circumstances relating to the … construed to impede the abilities of the Commission and the Department of Justice to investigate the acquisition …
Type of Formal Interpretation
Solely for Purposes of Investment Exemption
BUREAU OF COMPETITION January 17, 1979 Laurence T. Sorkin, Esquire Cahill, Gordon & Reindel Eighty Pine Street New York, New York 10005 Dear Mr. Sorkin: This formal interpretation is issued by the...
HSR Formal Interpretations

Formal Interpretation No. 12

… Interpretation No. 12 Formal Interpretation No. 12 BUREAU OF COMPETITION June 2, 1981 Lewis A. Kaplan, Esquire Paul, Weiss, Rifkind, Wharton & Garrison 345 Park Avenue New … Attorney General in charge of the Antitrust Division of the Department of Justice has concurred. Your letter requests a …
Type of Formal Interpretation
Subordinated Exchangeable Debentures (whether voting securities under §801.1(f)(1))
BUREAU OF COMPETITION June 2, 1981 Lewis A. Kaplan, Esquire Paul, Weiss, Rifkind, Wharton & Garrison 345 Park Avenue New York, New York 10154 Re: Sun Company, Inc. 10-3/4% Subordinated Exchangeable...
HSR Formal Interpretations

Formal Interpretation No. 18

… AGENCY : Federal Trade Commission. ACTION : Issuance of Formal Interpretation 18 repealing Formal Interpretation … Attorney General in charge of the Antitrust Division of the Department, is issuing this Formal Interpretation of the …
Type of Formal Interpretation
Repeal of Formal Interpretation 15
Formal Interpretation 15 - 64 FR @ 5808 (February 5, 1999) FEDERAL TRADE COMMISSION [Billing code 6750-01P] Premerger Notification; Reporting and Waiting Period Requirements AGENCY: Federal Trade...
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