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HSR Informal Interpretations

0404001 Informal Interpretation

… we had on Thursday,April 1, 2004, concerning the potential reportability under theHart-Scott-Rodino Antitrust … 49% interest in the Companies in two separate, non-HSR reportable,transactions. It first acquired a 40% interest … of the voting securitiesof the Companies would not be reportable under the HSR Act since the $50million Size of …
Date
Rule
801.10
If v/s are being acquired I concur with this letter. If partnership or LLC interests are being acquired then exceptions is noted.
HSR Informal Interpretations

0403016 Informal Interpretation

… by a State agency areexempt from the Hart-Scott-Rodino reporting requirements. FACTS Company Aintends to lease … separate Tracts it is possible thatan exemption from HSR reporting requirements may attach to any one Tract … of the HSR rules and regulationsexcludes from the HSR reporting requirements "Unproductive realproperty", which is …
Date
Rule
7A(c)(4), 802.2(c)
Agree
HSR Informal Interpretations

0403018 Informal Interpretation

… acquire up to $200 million worth of coal reserves withoutreporting, but this deal busts that limit. One view would be … in 802.3 is exceeded, theentire $300 million acquisition is reportable, and the SOP tests would notapply. What say you? …
Date
Rule
801.15, 802.3
Agree that 801.15 says you would hold $300 MM in assets, so size-of-person test is inapplicable. N Ovuka concurs.
HSR Informal Interpretations

0403014 Informal Interpretation

… partnership as part of that formation would notconstitute reportable acquisitions, even if such contributions involve … from past discussions that thetransaction would remain nonreportable even if the partnership were created ashort time … Ishould add my recognition that the transaction might be reportable once theproposed changes on non-corporate …
Date
Rule
801.2
Agree
Federal Register Notice

Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part 316

… Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part … Federal Register Notice Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part … 040311definitions.pdf … Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part …
Date
HSR Informal Interpretations

0403006 Informal Interpretation

… fact situation would not have to file a Notification and ReportForm for Certain Mergers and Acquisitions pursuant to … my understandingfrom our conversations that this is not a reportable transaction. First, theexclusive license to …
Date
Rule
15 USC 18a
Conclusions are correct. M Verne concurs.
HSR Informal Interpretations

0403008 Informal Interpretation

… Acquisition of these "partnershipinterests" would not be reportable for HSR purposes, unless and until, at the … would then fail the "sizeof transaction" test and be non-reportable. In this regard: a)Minority shareholdings in … would be disregarded entirely(neither being assets nor reportable secondary acquisitions, if the acquiringperson is …
Date
Rule
802.50
Agree.
HSR Informal Interpretations

0403012 Informal Interpretation

… for your assistance on March 10, 2004, with respect tothe reportability of the (redacted) transaction. Attached for … advised based on this summarythat, while the first step is reportable by both (redacted) and (redacted) , thesecond … propose the FTC staff nottreat the second step as a second reportable event, (Refer to original document forDiagram). … …
Date
Rule
7A(c)(10)
Refer to comments and original document. But second step exempt under 7A(c)(10) 2 filing (redacted) & (redacted) file to acquire (redacted).
Advocacy Filings

Possible Anticompetitive Barriers to E-Commerce: Contact Lenses: A Report from the Staff of the FTC

… Anticompetitive Barriers to E-Commerce: Contact Lenses: A Report from the Staff of the FTC Enviado por wfg-adm109 el … Anticompetitive Barriers to E-Commerce: Contact Lenses: A Report from the Staff of the FTC 040329clreportfinal.pdf Advocacy Filing … Possible Anticompetitive …
Date
Matter Number
V040007
Related Release
FTC: E-commerce Increases Choice and Convenience for Contact Lens Wearers
HSR Informal Interpretations

0402013 Informal Interpretation

… concluded that the situation described belowwould not be reportable under Formal Interpretation 15 which applies to … you concurred that theformation of this LLC would not be reportable as an acquisition by Company B ofCompany A's … which theywill both hold interests, that LLC formation is reportable only if two or moreseparately controlled and …
Date
Rule
Formal Interpretation 15
Agree.
Amicus Briefs

Willes v. State Farm Fire and Casualty Co

… a consumer, as that term is defined in the Fair Credit Reporting Act, in connection with an initial offer of … action, even if, as a result information in a consumer report, the insurance company offered only a higher price or … terms than it would have offered if the information in the report had been more favorable. Amicus Brief willes.pdf … …
Date
Citation Number
03-35848
Federal Court
U.S. Circuit Court of Appeals for the Ninth Circuit
The Commission argued that the district court erred in holding that an insurance company cannot take “adverse action” against a consumer, as that term is defined in the Fair Credit Reporting Act, in...
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