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Early Termination Notices

20130619: General Electric Company; Advanced Atomization Technologies LLC

… 20130619: General Electric Company; Advanced Atomization Technologies LLC HSR Early Termination Notice 20130619: General Electric Company; Advanced Atomization Technologies LLC 20130619 Advanced Atomization Technologies LLC Advanced Atomization …
Date
Acquiring Party
General Electric Company
Acquired Party
Advanced Atomization Technologies LLC
Acquired Entities
Advanced Atomization Technologies LLC
HSR Informal Interpretations

1302005 Informal Interpretation

… In these transactions, investors provide an upfrontcash amount to green energy projects(such as wind or solar … federalgovernment has sanctioned to transfer from energy companies to investors(since the energy companies usuallydo not have a high enough tax burdento take …
Date
Rule
801.21, 802.4
corporate entity would be exempt under 802.4. Tax credits are assets, but we treat them as cash equivalents. K Walsh concurs.
Cases and Proceedings

IDEXX Laboratories, Inc., In the Matter of

… arrangements to stifle competition. IDEXX has agreed to a settlement order that prohibits concurrent exclusive …

The largest U.S. supplier of diagnostic testing products used by small animal veterinarians, IDEXX Laboratories, Inc., agreed to drop its exclusive-dealing arrangements with a top distributor, resolving FTC charges that it was using the exclusive arrangements to stifle competition. IDEXX has agreed to a settlement order that prohibits concurrent exclusive distribution arrangements with the three national distributors of point-of-care (POC) diagnostic testing products. According to the FTC’s complaint, IDEXX has used its dominant market power to reduce competition by threatening to drop the distributors if they carried other companies’ products that compete with IDEXX products.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
1010023
HSR Informal Interpretations

1302001 Informal Interpretation

… loans. Xl will continue to own the right to receive cash flows that include amounts equivalent to the monthly … for the GSE pools, X1will continueto hold rightsto receive cash flowsthat include amounts equivalent to monthly … to be included in the HSR size-of-transaction. Unreimbursed advances or servicingadvances, however, are considered …
Date
Rule
15USC 18A(c)(1) 7A(c)(1)
Agree. K Walsh concurs.
HSR Informal Interpretations

1301009 Informal Interpretation

… Sub-A Preferred Units directlyfrom Sub-A in exchange for cash. Assume for purposes of this analysis that thevalue of …
Date
Rule
801.1(b). 801.2
determine total US assets of all of the foreign issuers. Determine total US sales of all foreign issuers and foreign assets (aggregated under 801.15(d)). If both of these do not exceed $50 million (as...
HSR Informal Interpretations

1301004 Informal Interpretation

… Ourclient, Company A. is selling stock in exchange for cash and shares of CompanyB, the buyer. Pursuant to the … that C comes in, A will receive fewer sharesof B but the cash consideration will increase to offset the reduction in …
Date
Rule
Form Item 4(c)(d)
Agree. K Walsh concurs.
Cases and Proceedings

Corning Incorporated

… some of its laboratory products to another company, under a settlement that resolves charges that Corning’s proposed … Division would otherwise be anticompetitive. Under the FTC settlement, Corning will provide assets and assistance to …

The FTC required Corning, Inc. to transfer assets and to supply some of its laboratory products to another company, under a settlement that resolves charges that Corning’s proposed acquisition of Becton, Dickinson and Company’s Discovery Labware Division would otherwise be anticompetitive. Under the FTC settlement, Corning will provide assets and assistance to enable life science company Sigma-Aldrich Co., LLC to manufacture Corning’s line of tissue culture treated (TCT) dishes, multi-well plates, and flasks in a manner substantially similar to Corning’s process. Until Sigma Aldrich develops its own manufacturing capabilities for these products, Corning will supply them to Sigma Aldrich to be marketed under Sigma Aldrich’s own brand, allowing Sigma Aldrich to immediately replace the competition lost as a result of Corning’s acquisition of Discovery Labware.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
1210133
Early Termination Notices

20130259: Carlisle Companies Incorporated; Belden Inc.

… 20130259: Carlisle Companies Incorporated; Belden Inc. HSR Early Termination Notice 20130259: Carlisle Companies Incorporated; Belden Inc. 20130259 Belden Inc. Belden Inc. Carlisle Companies Incorporated … 20130259: Carlisle Companies …
Date
Acquiring Party
Carlisle Companies Incorporated
Acquired Party
Belden Inc.
Acquired Entities
Belden Inc.
Early Termination Notices

20130403: Apollo Investment Fund VII, L.P.; The McGraw-Hill Companies, Inc.

… 20130403: Apollo Investment Fund VII, L.P.; The McGraw-Hill Companies, Inc. HSR Early Termination Notice 20130403: Apollo Investment Fund VII, L.P.; The McGraw-Hill Companies, Inc. 20130403 CTB/McGraw-Hill LLC Grow.net, Inc. … Education Private Limited Tegrity, Inc. The McGraw-Hill Companies, Inc. Apollo Investment Fund VII, L.P. … 20130403: …
Date
Acquiring Party
Apollo Investment Fund VII, L.P.
Acquired Party
The McGraw-Hill Companies, Inc.
Acquired Entities
CTB/McGraw-Hill LLC
Grow.net, Inc.
KCP Technologies, Inc.
Lands End Publishing
McGraw-Hill Education (Australia) Pty. Ltd.
McGraw-Hill Education (Germany) GmbH
McGraw-Hill Education (Israel) Ltd.
McGraw-Hill Education (Italy) SRL
McGraw-Hill Education (Luxembourg) Sarl
McGraw-Hill Education (Singapore) Pte. Ltd.
McGraw-Hill Education (Sweden) AB
McGraw-Hill Education LLC
McGraw-Hill Education Publication Overseas LLC
McGraw-Hill Education U.K. Limited
McGraw-Hill Education Ventures LLC
McGraw-Hill Interamericana de Chile Limitada
McGraw-Hill Interamericana de Espana S.L.
McGraw-Hill Interamericana Editores, S.A. de C.V.
McGraw-Hill Interamericana, Inc.
McGraw-Hill International Enterprises LLC
McGraw-Hill/Interamericana S.A.
Open International Publishing Limited
Sunshine International, Inc.
Tata McGraw-Hill Education Private Limited
Tegrity, Inc.
Early Termination Notices

20130275: FR XII Delta AIV, L.P.; Post Oak Companies LP

… 20130275: FR XII Delta AIV, L.P.; Post Oak Companies LP HSR Early Termination Notice 20130275: FR XII Delta AIV, L.P.; Post Oak Companies LP 20130275 Ameriforge Group Inc. Post Oak Companies LP FR XII Delta AIV, L.P. … 20130275: FR XII Delta …
Date
Acquiring Party
FR XII Delta AIV, L.P.
Acquired Party
Post Oak Companies LP
Acquired Entities
Ameriforge Group Inc.
Early Termination Notices

20130131: University of MD Medical System, Corp.; Catholic Health Initiatives

… Medical System, Corp.; Catholic Health Initiatives 20130131 Advanced Imaging at St. Joseph Medical Center, LLC O'Dea …
Date
Acquiring Party
University of MD Medical System, Corp.
Acquired Party
Catholic Health Initiatives
Acquired Entities
Advanced Imaging at St. Joseph Medical Center, LLC
O'Dea Medical Arts LP
SJMR-RA, LLC
St. Joseph Medical Center of Fort Wayne, Inc.
St. Joseph Medical Foundation, Inc.
St. Joseph Physician Enterprise, Inc.
Towson Management, Inc.
Amicus Briefs

Mylan Pharmaceuticals, Inc., et al. v. Warner Chilcott Public Limited Company, et al.

… – obstructs meaningful competition by generic drug companies and thus, constitutes exclusionary conduct. Amicus …
Date
Citation Number
12-3824
Federal Court
Eastern District of Pennsylvania
Brief of the Federal Trade Commission as amicus curiae before the United States District Court for the Eastern District of Pennsylvania, addressing the question of whether reformulations of a branded...
Early Termination Notices

20130136: Menasha Corporation; Rand Diversified Companies, LLC

… 20130136: Menasha Corporation; Rand Diversified Companies, LLC HSR Early Termination Notice 20130136: Menasha Corporation; Rand Diversified Companies, LLC 20130136 Rand Diversified Companies, LLC Rand Diversified Companies, LLC Menasha …
Date
Acquiring Party
Menasha Corporation
Acquired Party
Rand Diversified Companies, LLC
Acquired Entities
Rand Diversified Companies, LLC
Early Termination Notices

20130093: Koch Industries, Inc.; Advanced BioEnergy, LLC

… 20130093: Koch Industries, Inc.; Advanced BioEnergy, LLC HSR Early Termination Notice 20130093: Koch Industries, Inc.; Advanced BioEnergy, LLC 20130093 ABE Fairmont, LLC Advanced BioEnergy, LLC Koch Industries, Inc. … 20130093: …
Date
Acquiring Party
Koch Industries, Inc.
Acquired Party
Advanced BioEnergy, LLC
Acquired Entities
ABE Fairmont, LLC
HSR Informal Interpretations

1210016 Informal Interpretation

… least $13.6 million in net assets once you eliminate the cash on hand tomake the acquisition. Although it is … or if you need additional detail.As always, thank you in advance. … 1210016 Informal Interpretation …
Date
Rule
801.11(e)
We are fine with 1 and 3, but we have problems with 2. We don't think we can ignore the fact that at the time of the acquisition of the two LLCs, Co-investor will control Newco. By definition it will...
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