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Date
Rule
New HSR Form - Competition Descriptions
Staff
Premerger Notification Office
Response/Comments

The Acquired Person should only check the “Not Applicable, Select 801.30 Transaction” box if the transaction is a Select 801.30. And yes, in the Overlap Description section, the Acquired Person should describe the target’s principal categories of products or services even if there is no overlap identified; you can respond with “none” in the remaining boxes.

Question

I have a question about the new HSR Form.

For a transaction that (1) is not a “Select 801.30 Transaction”, and (2) there is no overlap / no supply relationship, is it proper for the Acquired Person to check the box Not Applicable, Select 801.30 Transaction under the COMPETITION DESCRIPTIONS section because there is no overlap or supply relation? Or, is it only proper for the Acquired Person to check that box where the transaction is a “Select 801.30 Transaction”? If the latter, should the Acquired Person describe the target’s principal categories of products or services even if there is no overlap / no supply relationship?

About Informal Interpretations

Informal interpretations provide guidance from PNO staff on the applicability of the HSR rules to specific fact situations. They do not necessarily reflect the position of the Commission. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice. 

Learn more about Informal Interpretations.

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