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HSR Informal Interpretations

9111005 Informal Interpretation

… 9111005 Informal Interpretation 9111005 Informal Interpretation November 6, 1991   William Schechter, Esq. Federal … to you as a follow-up to confirm my understanding that a Pre-Merger Notification filing under the Hart-Scott-Rodino …
Date
Rule
801.1(c); 801.10; 801.90
None.
HSR Informal Interpretations

9111011 Informal Interpretation

… 9111011 Informal Interpretation 9111011 Informal Interpretation November 18, 1991   BY TELECOPIER Mr. Patrick Sharpe Premerger Notification Office Room 303 Federal Trade …
Date
Rule
801.30; 802.51
Called (redacted) and informed notice must be given to V (the issuer) and perhaps cc a copy to C to bring them into the loop. Otherwise, I agree with letter. PS. RS concurs. See PDF exhibit for...
HSR Informal Interpretations

9111013 Informal Interpretation

… 9111013 Informal Interpretation 9111013 Informal Interpretation November 19, 1991   VIA FACSIMILE William J. … NW Washington, D.C. 20580   Dear Mr. Schechter: This letter provides further information concerning our telephone …
Date
Rule
802.1
Writer told that this was NOT an exempt transaction. WS called (redacted) andtold that this transaction was not exempt. WS discussed this letter with R Smithand N. Ovuka, and they concurred.
HSR Informal Interpretations

9111015 Informal Interpretation

… 9111015 Informal Interpretation 9111015 Informal Interpretation PROPRIETARY AND CONFIDENTIAL November 21, 1991   BY …
Date
Rule
7A(c)(2); 801.21; 801.13
The acquisition of mortgages is exempt under 7A(c)(2) and a mortgage is not an asset under 801.21. Therefore, its value need not be aggregated with other non-exempt assets under 801.13, and a person...
HSR Informal Interpretations

9111017 Informal Interpretation

… 9111017 Informal Interpretation 9111017 Informal Interpretation November 26, 1991 HAND DELIVERY Thomas Hancock, Esq. Federal Trade Commission Premerger Notification Office Room H-303 6th St. and …
Date
Rule
802.63
OK. John Sipple expressed some reservations about a situation in which someone heard about this plan and bought up B bonds in order to acquire control of whatused to be B. Its not clear how this case...
HSR Informal Interpretations

9111018 Informal Interpretation

… 9111018 Informal Interpretation 9111018 Informal Interpretation November 27, 1991 Patrick Sharp, Esq. Premerger Notification Office Federal Trade Commission …
Date
Rule
801.40
This transaction is a formation of a partnership not a corporation - - not reportable. 7-31-78 SBP at 33485. Contacted (redacted); not reportable. PS. RS concurs, but notes minor flaws in letter.
Advocacy Filings

FTC Staff Comment Before the Federal Communications Commission In the Matter of Reexamination of the Effective Competition Standard for the Regulation of Cable Television Basic Service Rates

… FTC Staff Comment Before the Federal Communications … Rates Enviado por wfg-adm109 el Vie, 01/11/1991 - 00:00 FTC Staff Comment Before the Federal Communications … Service Rates v910020fcccablecarry.pdf Advocacy Filing … FTC Staff Comment Before the Federal Communications …
Date
Matter Number
V910020
Advocacy Filings

FTC Staff Comment Before the Federal Aviation Administration In the Matter of High Density Traffic Airports: Slot Allocation and Transfer Methods

… FTC Staff Comment Before the Federal Aviation Administration … Methods Enviado por wfg-adm109 el Vie, 01/11/1991 - 00:00 FTC Staff Comment Before the Federal Aviation Administration … Methods v910024airportslotrule.pdf Advocacy Filing … FTC Staff Comment Before the Federal Aviation Administration …
Date
Matter Number
V910024
HSR Informal Interpretations

9110016 Informal Interpretation

… 9110016 Informal Interpretation 9110016 Informal Interpretation October 25, 1991   Mr. Patrick Sharp Federal Trade … 1991 concerning the applicability of the Hart-Scott-Rodino Premerger Notification Requirements of the Hart-Scott-Rodino …
Date
Rule
801.40
Called (redacted) 10-29-91 -- 801.40 does not apply since size thresholds are notmet. PS. RS concurs but notes flaws.
HSR Informal Interpretations

9110013 Informal Interpretation

… 9110013 Informal Interpretation 9110013 Informal Interpretation October 22, 1991 VIA FACSIMILE Mr. John Sipple Assistant Director Premerger Office of the Bureau of Competition Federal Trade …
Date
Rule
802.63
10/23/91 Per J/Ss request, called (redacted). He advised that B was not acompetitor of A, the insurance company. I advised that A appeared to be acreditor of B and, as such, in a bona fide debt...
HSR Informal Interpretations

9110006 Informal Interpretation

… 9110006 Informal Interpretation 9110006 Informal Interpretation October 4, 1991   Richard Smith Premerger Notification Office Bureau of Competition Federal …
Date
Rule
7A(c)(1); 802.1 (a)
10/15/91-Advised (redacted) that we viewed the sale of the voting stock as the sale of anentity whose assets consist solely of real property and assets incidental to the ownership ofreal property and...
HSR Informal Interpretations

9110010 Informal Interpretation

… 9110010 Informal Interpretation 9110010 Informal Interpretation Thomas Hancock Premerger Notification Office Bureau of Competition Federal …
Date
Rule
801.1(b)
10/15/91 - Told writer that X would control because meets definition of control at the time of consummation, despite the fact that after consummation, it would no longer have 50% interest.
HSR Informal Interpretations

9110008 Informal Interpretation

… 9110008 Informal Interpretation 9110008 Informal Interpretation October 8, 1991   Patrick Sharpe Premerger Notification Office Bureau of Competition Federal …
Date
Rule
802.30; 802.52
Called (redacted) 10-9-91 Basically concur with letter and noted comments. [note 1-graph regarding corporations]-[note 2-Does anyone else control A? -No confirmed from(redacted)]-[note 3-U.S. subs...
HSR Informal Interpretations

9110005 Informal Interpretation

… 9110005 Informal Interpretation 9110005 Informal Interpretation October 4, 1991   John Stipple, jr. Premerger Notification Office Bureau of Competition Federal …
Date
Rule
7A(c)(4)
Called on 10/8/91 - Based on facts presented, the acquisition is exempt under c(4) as an acquisition from a federal agency. Here, the RTC controls the financial institution through receivership; the...
HSR Informal Interpretations

9110007 Informal Interpretation

… 9110007 Informal Interpretation 9110007 Informal Interpretation October 4, 1991   Premerger Notification Office Bureau of Competition Federal …
Date
Rule
7A(c)(4)
10/8/91-talked to (redacted). Advised that I was not speaking for the Commission but only for the PMN Office, which advice was not binding on the Commission. I agreed that, since the RTC was approving...
HSR Informal Interpretations

9110004 Informal Interpretation

… 9110004 Informal Interpretation 9110004 Informal Interpretation October 2, 1991   John Sipple Premerger … proceedings before the Interstate Commerce Commission. The FTC/DOJ staff position is that Exemption 6 applies, and no …
Date
Rule
7A(c)(6)
Called on 10/3 - agree the letter reflects the advice given [note 1-Attachment]
HSR Informal Interpretations

9109009 Informal Interpretation

… 9109009 Informal Interpretation 9109009 Informal Interpretation September 24, 1991   Hy David Rubenstein Premerger Notification Office Federal Trade Commission 6th …
Date
Rule
802.9; 7A(c)(9)
10/2/91 Called (redacted) points support the acquiring persons intent. FTC or DOJ may still investigate to determine actual intent [note 1-the conclusion the acquiring person not the staffs conclusion...
HSR Informal Interpretations

9110019 Informal Interpretation

… 9110019 Informal Interpretation 9110019 Informal Interpretation October 30, 1991   Hy David Rubenstein, Esquire Premerger Notification Office Room 323 Federal Trade …
Date
Rule
7A; 801.1
(redacted) says Bank also has Visa and Mastercard. Bank may or may not exit private label credit card business. Customer lists already belong to A. Transaction is exempt as ordinary course of business...
HSR Informal Interpretations

9110001 Informal Interpretation

… 9110001 Informal Interpretation 9110001 Informal Interpretation October 1, 1991   Patrick Sharp Premerger … waiting period expires or is terminated by the FTC. 2. With respect to assets located in (redacted) would …
Date
Rule
802.51
[note 1-The Foreign assets were initially exempt under 802.51(a) although they were included in the initial filing.]
HSR Informal Interpretations

9110003 Informal Interpretation

… 9110003 Informal Interpretation 9110003 Informal Interpretation Premerger … on or about October 30, 1991, pending confirmation by the FTC and Department of Justice of the matters set forth … of their “annual net sales”. Therefore, pursuant to the FTC’s interpretation as set forth in the Letter, (redacted) …
Date
Rule
§ 801.11
If two regulatory prepared balance sheets or financial statements exist covering the same period, both must be used to determine size. In this case, the GAAP balance sheet (“total assets”) would meet...
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