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Date
Rule
802.50, 802.51
Staff
Premerger Notification Office
Response/Comments

You should use gross premiums written as the measure of sales in or into the United States for the exemptions in 802.50 and 802.51.

Question

It seems clear from informal interpretations that for insurance companies US revenue for the purpose of the HSR form (former Item 5(a)) are net premiums written (e.g., https://www.ftc.gov/legal-library/browse/hsr-informal-interpretations/1501002). However, I have not located any interpretation on whether net premiums written or gross premiums written are used for the sales in or into the US test for the exemptions in 802.50 and 802.51. Would you please let me know which is the correct measure of sales in or into the US for an insurance company?

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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