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Date
Rule
Form: Prior Acquisitions
Staff
Premerger Notification Office
Response/Comments

It’s our preference that you list all codes relevant to the same acquisition in one row (i.e., the first example in your email).

Question

I’m looking for assistance with how to present information in the “Prior Acquisitions” section.

For prior acquisitions in which the previously acquired companies with sales overlap in multiple NAICS Codes, how should these be listed? Should we list all codes relevant to the same acquisition in one row or separate the codes and list them in ascending numerical order?

Overlapping 6-Digit NAICS Code and Description or Overlap Product or Service DescriptionAcquired Entity and 
Former HQ Address
Transaction TypeConsummation Date

111111

222222

ABC, Inc.Asset AcquisitionMay 1, 2025
111111XYZ, Inc.Asset AcquisitionFebruary 1, 2025

OR

Overlapping 6-Digit NAICS Code and Description or Overlap Product or Service DescriptionAcquired Entity and 
Former HQ Address
Transaction TypeConsummation Date
111111ABC, Inc.Asset AcquisitionMay 1, 2025
111111XYZ, Inc.Asset AcquisitionFebruary 1, 2025
222222ABC, Inc.Asset AcquisitionMay 1, 2025

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. 

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