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HSR Informal Interpretations

0612009 Informal Interpretation

… the size-of-the-person threshold for Newco to determine the reportability of members' acquisition of voting shares - do …
Date
Rule
801.2(d)
In a consolidation, the size-of-person of the Newco does not come into play. If there were only two companies consolidating, A is deemed to acquire B and B is deemed to acquire A. So the relevant size...
Amicus Briefs

Safeco Ins. Co. v. Burr; GEICO Gen. Ins. Co. v. Edo

… in GEICO. The brief argues that, under the Fair Credit Reporting Act, the phrase “willful noncompliance” … a higher rate than it would have offered if the consumer’s report had been more favorable. Amicus Brief …
Date
Citation Number
06-84, 06-100
Joint brief of the United States and the Federal Trade Commission, as amici curiae in these consolidated cases, urging vacatur and remand in Safeco, and reversal in GEICO. The brief argues that, under...
HSR Informal Interpretations

9911006 Informal Interpretation

… 6th and Pennsylvania Avenue, NW Washington, D.C. 20580 Re:Reportability of a Foreign Bank Acquisition Dear Marian: … regulations specifically exemptbanking transactions from reporting, at least insofar as notification to theFederal … of the FRA and, for this reason, woulde exempt from HSR reporting. The question is whether HSR compliance is …
Date
Rule
7A(c)(8)
No longer the position of the PNO. 10/18/1999 - Consulted with Tom Hancock; called (redacted) and confirmed this transaction is not reportable beyond 7A(c)(8) requirements.
HSR Informal Interpretations

0610023 Informal Interpretation

… the transaction (emphasisadded). A notification and report form is being prepared now for the sale ofthe A … if the eventual sale of the B assets turns out to be HSR-reportable (afact about which there is some doubt), these … need to beproduced in connection with the notification and report form for the B assets. Youconfirmed my conclusion …
Date
Rule
Form Item 4(c)
Agree.
HSR Informal Interpretations

0610022 Informal Interpretation

… would beexempt assets in determining whether the Act's reporting requirements aretriggered. Based on that … allows an acquisition of this type to be exempt fromthe reporting requirements of the Act if the acquisition of the … be exempt. Assuch, the proposed transaction need not be reported under the Act because theunderlying assets are …
Date
Rule
802.2, 802.4
Agree
Federal Register Notice

Food Industry Marketing to Children Report - Agency Information Collection Activities: Submission for OMB Review; Comment Request

… Food Industry Marketing to Children Report - Agency Information Collection Activities: … Federal Register Notice Food Industry Marketing to Children Report - Agency Information Collection Activities: … OMB Review; Comment Request P064504 061023marketingchildrenreport.pdf … Food Industry Marketing to Children Report - …
Date
HSR Informal Interpretations

0610018 Informal Interpretation

… 10th', that the transaction described below need not be reported underthe Hart-Scott-Rodino Antitrust Improvements … acquisition of B Corp. by New Fund LP, which would not bereportable under HSR because New Fund LP will not meet the … and (b) acquisition of D LLC by New Fund LP, which would be reportableunder HSR. On the other hand, if A Corp. purchased …
Date
Rule
802.4
Agree. M. Verne concurs.
Cases and Proceedings
Commissioner Statements

Concurring Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet”

… Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet” … Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet” … … Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet” …
Date
By
Jon Leibowitz, Former Chairman
HSR Informal Interpretations

0609013 Informal Interpretation

… had on Wednesday, September 20, 2006 concerning the non-reportability underthe Hart-Scott-Rodino Antitrust … be undertaken so that the WarrantHolder does not hold a reportable amount of voting securities at any point inorder … proposed Merger. Conclusions You agreedthat there is no HSR reportable event arising from the warrant held by …
Date
Rule
801.2
Agree.
HSR Informal Interpretations

0609008 Informal Interpretation

… increase to 40% each. Hasthe partnership made a potentially reportable acquisition of its own remainingassets? I would … has not made anyacquisition, much less a potentially reportable acquisition, even though as aresult of the …
Date
Rule
801.2(f)
Agree with both.
HSR Informal Interpretations

0609009 Informal Interpretation

… analyze thetransactions: 1.Formation of Newco. This is notreportable because all of the assets of Newco consist of … of 100% of themembership interests in LLC A. This is not reportable because LLC A's onlyasset is a minority interest … Section 801.2(f)(1)(i). 3.Formation of Newco II. This is notreportable because it is an intraperson transfer. Section …
Date
Rule
802.4
Agree
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