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HSR Informal Interpretations

0009004 Informal Interpretation

… With respect to Item 5, please: (i) confirm that A does not report salary and (ii) advise on whether A must report interest or gains from personal investments. If the answer to both parts of the question is that A does not report either type of income, pleas confirm that the correct …
Date
Rule
802.1, 802.2(d)
#1. (i) refer to comment #1 (ii) yes last statement No. #2 Yes #3 No. #4 Correct #5 refer to commentComment: parking lots/office space acquired in conjunction with a business was not exempt under 802...
HSR Informal Interpretations

0009005 Informal Interpretation

… and an acquired person, even through it is no making a reportable filing as an acquired person. [Staff Comment - No - indicate only what is reportable] 4. In 1(c), should A be listed as both acquiring … so long as A is not "filing" as an acquired person in a reportable acquisition. [Staff Comment - The language of the …
Date
Rule
801.2(d), 803.3
Refer to staff comments.
HSR Informal Interpretations

0009011 Informal Interpretation

… securities of B and thus will not control B, no possible reportable "secondary acquisitions" with respect to the … such HSR purposes, they would be the subject of potential reportable secondary acquisitions, if and when A had …
Date
Rule
801.10, 801.21, 802.4
Concur
HSR Informal Interpretations

0008004 Informal Interpretation

… milestones. To date, there have bee three separate (non-reportable) purchases of shares ("Milestones 1-3"), and we … We concluded that the Milestone 4 acquisition is a non-reportable transaction based upon the following reasoning. … than $15 million, the Milestone 4 acquisition will be non-reportable. Thank you for your prompt response to my …
Date
Rule
801.13, 801.10
Agree - This is the proper analysis for voting securities traded on a national exchange. B. Michael Verne 08/29/00
HSR Informal Interpretations

0008006 Informal Interpretation

… Washington, D.C. 20580 Re: Foreign Issuer Exemption to HSR Reportability Dear Mr. Verne: I am writing to confirm the … of 16 C.F.R. 802.50's "foreign issuer" exemption from reportability under the Hart-Scott-Rodino Antitrust … would qualify for the foreign issuer exemption to HSR reportability, assuming all the other facts are as I …
Date
Rule
802.50, 801.1(e)
Agree. These are foreign issuers. The location of the office of a director does not change this analysis. N. Ovuka agrees.
Cases and Proceedings
Commissioner Statements

Dissenting Statement of Commissioner Orson Swindle on the FTC's Online Profiling: A Report to Congress (Part 2)

… Commissioner Orson Swindle on the FTC's Online Profiling: A Report to Congress (Part 2) Dissenting Statement of … Commissioner Orson Swindle on the FTC's Online Profiling: A Report to Congress (Part 2) … Dissenting Statement of … Commissioner Orson Swindle on the FTC's Online Profiling: A Report to Congress (Part 2) …
Date
By
Orson Swindle, Former Commissioner
Cases and Proceedings
Commissioner Statements

Statement of Commissioner Mozelle W. Thompson on the FTC's Online Profiling: A Report to Congress (Part 2)

… Mozelle W. Thompson on the FTC's Online Profiling: A Report to Congress (Part 2) Statement of Commissioner … Mozelle W. Thompson on the FTC's Online Profiling: A Report to Congress (Part 2) … Statement of Commissioner … Mozelle W. Thompson on the FTC's Online Profiling: A Report to Congress (Part 2) …
Date
By
Mozelle W. Thompson, Former Commissioner
Cases and Proceedings
Commissioner Statements

Statement of Commissioner Thomas B. Leary Concurring in Part and Dissenting in Part on the FTC's Online Profiling: A Report to Congress (Part 2)

… and Dissenting in Part on the FTC's Online Profiling: A Report to Congress (Part 2) Statement of Commissioner Thomas … and Dissenting in Part on the FTC's Online Profiling: A Report to Congress (Part 2) … Statement of Commissioner … and Dissenting in Part on the FTC's Online Profiling: A Report to Congress (Part 2) …
Date
By
Thomas B. Leary, Former Commissioner
Amicus Briefs

Toby Nelson v. Chase Manhattan Mortage Corporation, et al.

… right to maintain a cause of action under the Fair Credit Reporting Act against an entity that furnishes information to a consumer reporting agency. Amicus Brief nelsont.pdf … Toby Nelson v. …
Date
Citation Number
00-15946
Amicus brief for the Federal Trade Commission supporting individual consumer's right to maintain a cause of action under the Fair Credit Reporting Act against an entity that furnishes information to a...
HSR Informal Interpretations

0007004 Informal Interpretation

… of my client's stock is exempt from the HSR Act's reporting requirements under Section 802.50 of the Rules. …
Date
Rule
802.50, 802.51
Advised the writer that there is no exemption for a foreign person acquiring stock of a U.S. issuer. However in this transaction, it is not the foreign issuer, but its shareholders who have a...
HSR Informal Interpretations

0007005 Informal Interpretation

… settle its claim by purchasing for an amount far below the reporting threshold the equipment, customer list and related …
Date
Rule
801.10
Advised the writer that there is no exemption for a foreign person acquiring stock of a U.S. issuer. However in this transaction, it is not the foreign issuer, but its shareholders who have a...
HSR Informal Interpretations

0006016 Informal Interpretation

… yesterday, I would appreciate your advice regarding the reportability of the following transaction.                 … of its voting securities. It is contemplated that in a reportable transaction, C, which currently owns less than …
Date
Rule
801.14
Note #1 - C must aggregate B + B1. 6/27/2000 and 6/27/2000. Called writer. If the acquisition of B and B1 by C occurs be fore the acquisition of A's purchase of B1 voting stock valued at $5MM, the...
HSR Informal Interpretations

0006014 Informal Interpretation

… opposed to whether or not such acquisitions are themselves reportable under HSR), assuming that one is making a filing for a subsequent reportable acquisition and that there is an Item 7 overlap …
Date
Rule
Item 9 of the Form
Agree - unless an acquisition of partnership interests results in holding 100% of the partnership, there has not been an acquisition of assets for purposes of Item 9. 6/26/00
Cases and Proceedings

VNU N.V

… The order requires VNU to divest its Competitive Media Reporting division, the nation's largest supplier in the …

VNU N.V. settled antitrust concerns that its proposed acquisition of Nielsen Media Research, Inc. would restrict competition in the market for advertising expenditure measurement services in the United States. The order requires VNU to divest its Competitive Media Reporting division, the nation's largest supplier in the specialized market.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
9910319
Docket Number
C-3900
HSR Informal Interpretations

0006019 Informal Interpretation

… regarding having to file another Premerger Notification and Report Form in connection with the transaction described … 2000. As we discussed, filed a Premerger Notification and Report Form on August 4, 1999 in connection with its … Merger Sub. In Item 2(a) of the Premerger Notification and Report Form, disclosed that due to certain regulatory …
Date
Rule
803.7
Agree - no additional filing is required
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