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HSR Informal Interpretations

1501005 Informal Interpretation

… will go to option holders of the Target who are being cashed out at closing, and approximately $13 million of …
Date
Rule
Valuation
UPDATE October 11, 2016 : The below interpretation, as it relates to valuing a leveraged buyout transaction, is no longer the position of the PNO. Please see the PNO’s clarified position, found at "...
Early Termination Notices

20150420: Thermo Fisher Scientific Inc.; Advanced Scientifics, Inc.

… 20150420: Thermo Fisher Scientific Inc.; Advanced Scientifics, Inc. HSR Early Termination Notice 20150420: Thermo Fisher Scientific Inc.; Advanced Scientifics, Inc. 20150420 Advanced Scientifics, Inc. Advanced Scientifics, Inc. Thermo …
Date
Acquiring Party
Thermo Fisher Scientific Inc.
Acquired Party
Advanced Scientifics, Inc.
Acquired Entities
Advanced Scientifics, Inc.
HSR Informal Interpretations

1501003 Informal Interpretation

… statements, so we are aware that we must include any cash/cash equivalents that will be used to fund the acquisition … the party's size for the size of person test. Thank you in advance for your guidance. And please let us know if there …
Date
Rule
Size of person – assets determination
the PNO position is that once assets are listed on the balance sheet, there is little flexibility in the total asset calculation. You must include the line item.
Advocacy Filings

FTC Staff Comment Before the Federal Communications Commission On Public Notice DA 14-1700, Regarding the Issues Relating To Carrier Implementation of Call-Blocking Technology

… claiming that the FCC legal framework does not allow phone companies to block calls, even if their customer requests …
Date
Matter Number
P034412
Docket Number
CG Docket No. 02-278
WC Docket No. 07-135
FTC staff submitted a comment to the Federal Communications Commission (FCC) in response to a public notice seeking input on call-blocking. Staff stressed that consumers continue to be barraged by...
Related Release
In Comment to Federal Communications Commission, FTC Says No Legal Barriers or Policy Considerations Stop Common Carriers from Providing Call-Blocking Services to Consumers
Cases and Proceedings

Medtronic, Inc. and Covidien plc, In the Matter of

… would likely be anticompetitive. Under the FTC’s proposed settlement, Medtronic will sell the drug-coated balloon …

Global medical technology company Medtronic, Inc. agreed to divest the drug-coated balloon catheter business of Ireland-based medical products company Covidien plc, in order to settle FTC charges that its $42.9 billion acquisition of Covidien would likely be anticompetitive. Under the FTC’s proposed settlement, Medtronic will sell the drug-coated balloon catheter business to a Colorado-based medical device company, The Spectranetics Corporation. According to the FTC’s complaint, both Medtronic and Covidien are developing drug-coated balloon catheters to compete with C.R. Bard, Inc., which currently is the only company that supplies these products, used to treat peripheral artery disease, in the U.S. market. Medtronic and Covidien are the only companies with products in clinical trials in the Food and Drug Administration’s approval process, which makes it unlikely that other competitors could enter the market in time to counteract the effects of the merger.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
141 0187
Federal Register Notice

16 CFR Part 305: Energy and Water Use Labeling for Consumer Products Under the Energy Policy and Conservation Act (Energy Labeling Rule); Advanced Notice of Proposed Rulemaking; Requests for Comments Concerning Miscellaneous Refrigeration

… Energy Policy and Conservation Act (Energy Labeling Rule); Advanced Notice of Proposed Rulemaking; Requests for … Energy Policy and Conservation Act (Energy Labeling Rule); Advanced Notice of Proposed Rulemaking; Requests for … Energy Policy and Conservation Act (Energy Labeling Rule); Advanced Notice of Proposed Rulemaking; Requests for …
Date
HSR Informal Interpretations

1412003 Informal Interpretation

… institutional investor status to such entities were advanced , and because the safeguards characterizing the … Would a limited partnership fund that primarily invests in companies, directly or, along with co-investors, indirectly … voting or nonvoting securities in return for the invested cash be considered a finance company? It seems that an …
Date
Rule
802.64
- looking back to the SBP for the 1978 Final Rule 802.64, it appears that the type of entity you are describing was specifically excluded from the exemption: "Partnerships holding voting securities...
HSR Informal Interpretations

1412002 Informal Interpretation

… the profits or losses. Consideration will be in the form of cash, milestone payments, and royalty payments (and Company …
Date
Rule
Pharma License
we have made a distinction between a licensee having the exclusive right to the drug for a specific indication or therapeutic area with the licensor retaining the right to the same drug for other...
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